Legal Question in Medical Malpractice in California

statue of limitation

what is the statue of limitation when dealing with a government owend or ran hospital? is there a difference?


Asked on 6/09/09, 5:25 pm

2 Answers from Attorneys

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

Re: statue of limitation

The attorney you retain to handle your case will be aware of the applicable statute of limitations, as well as any claim presentment requirements, for example under the California Government Code or the Federal Tort Claims Act.

With a few exceptions, the statute is six months from the date of the injury or loss in the case of California state and local public entities. Other time limits and special procedures apply depending on the type of lawsuit, the type of public entity, and whether the lawsuit would be filed in state or federal court.

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Answered on 6/10/09, 2:41 pm
Terry A. Nelson Nelson & Lawless

Re: statue of limitation

Any claim against a governmental agency or agent for any form of personal injury may require a Claim for Damages under the CA Govt Code, which must be filed within 6 months of the event; twelve months if it is other than a PI claim. Upon denial of that Claim [which is normal], you'll generally have 6 months from denial to file suit. If not governed by the Govt Claim rules, a medical malpractice claim as implied in your posting has to be filed within one year of the event. IF you've got such an injury claim with merit, validity and monetary value worth hiring counsel, feel free to contact me to discuss.

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Answered on 6/10/09, 4:44 pm


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