Legal Question in Medical Malpractice in California

Re: medical malpractice/wrongful death minor

I don't understand your question. If the suit is for the wrongful death of the minor, the statute of limitaions begins running on the date of death for the three year statute. There are certain situations in which the statute will toll. But, without more facts I can's say if there is a viable theory for tolling of the statute.

Re: medical malpractice/wrongful death minor

The statute of limitation is final. The medical malpractice statute provides action shall be filed no later than "three years after the date of injury or one year after the plaintiff discovers", whichever is less. If it is a wrongful death, then one year is the statute, because death is obviously deemed the 'discovery' date. If it has been longer than one year from the death, you're almost certainly too late; longer than 3 years, guaranteed too late. The only way around the one year discovery is if you actually didn't know the death was from malpractice until later, but that is an argument you'll have to support with some dramatically strong medical expert testimony and other facts. If you really think you can, and you are within 3 years of the death, feel free to contact me.