Legal Question in Medical Malpractice in California

Re: What is the statue of limitations?

California has a one or three year statute of limitations for medical malpractice issues, whichever is earlier of the two. That is the earlier of one year from the time you discovered or should have discovered the malpractice OR three years from the date of injury.

The second issue, is whether or not the statute of limitations was tolled (stopped) while you were a minor under CCP 352.

Hope this helps you with your question. Feel free to email me at [email protected] if we can be of assistance to you in the future.

Re: What is the statue of limitations?

CA has a 1 yr./3 yr. statute. Unfortunately, if the 1 yr. has run, you don't have 3 yrs. From your facts, you learned when you were 17. Who "brought it to your attention"? That would be very important. If it was a Dr., this would mean you probably knew or should have known at that time. Thus, a 1 yr. statute. Since you were a minor, though, the law stops the statute until your 18th bday plus 1 yr., so before your 19th bday. If you are under 19 now, you are within your statute. If you are 19 or over, your statute may have expired. Please contact me to discuss specifics. Thanks for your question and good luck.

Re: What is the statue of limitations?

How old are you now?