Legal Question in Medical Malpractice in California

Is there a statue of lemitations on a melpractice suite


Asked on 8/22/10, 11:15 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Normally 2 years. Exceptions and other legal requirements apply. Consult a lawyer.

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Answered on 8/27/10, 11:21 am
Terry A. Nelson Nelson & Lawless

Of course. One year from notice and discovery of injury.

Please contact me to discuss the situation. If you are claiming medical malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, if you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out.

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Answered on 8/27/10, 12:05 pm


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