Legal Question in Medical Malpractice in California

You have missed the legal time limit by about 13 years.

I must respectfully disagree with the prior response. The SOL for med-mal is a complex issue and it is not 2 years like most lawyers would think. Ordinarily you would have 3 years from the date of malpractice or 1 year if you knew or should have known of the alleged malpractice, WHICHEVER IS THE EARLIEST THAT IS THE APPLICABLE SOL.

However, there are circumstances that you may be able to get relief from the restriction of SOL where say a non-therapeutic item (i.e., a surgical sponge or a needle) is left inside your body after the operation. If you were told say two months ago that something non-therapeutic was left inside your body you may still sue.

The problem with your question is you don't give enough facts. Pain, in and of itself, is not enough to conclude that there was malpractice.

Good luck,