Legal Question in Medical Malpractice in California
statute of limitation to file malpractice suit
I am currently on Ca workers comp. In June 97 I had carpal tunnel surgery which resulted in crps/rsd=hand operated on is useless.
I saw a medical expert for this condition in Dec 99 and his report was faxed to me Jan 25,2001.
In his detailed report this is the first time I have ben made aware from anyone that malpractice is at issue. This noted expert states the physical therapist initially worsened and spread my condition thru improper treatment and other treaters are also negligent. The therapist, an o/t and hand specialist is an employee of a physical therapy office.
Since I just found this out-do I have one year to file malpractice suit from the time I received the medical report?
I am currently in Missouri-how do I find and retain a Ca malpractice attorney/ Thank you.
3 Answers from Attorneys
Re: statute of limitation to file malpractice suit
In most cases, you have one year from the date you learn of the malpractice to file suit. I would need to review the report your referenced as well as any other information you have on the injury before I could tell you whether or not you had a viable cause of action for malpractice against the physical therapist. I handle cases throughout the State of California and I would be happy to discuss the case with you over the phone. The consultation is free of charge. You can reach my office toll free at 877-546-9918. I wish you the best of luck if I do not hear from you.
Sincerely,
John Hayes, Esq.
Re: statute of limitation to file malpractice suit
You have one year from the time you knew or should have known of the malpractice, subject to a maximum of 3 years from the date of last treatment by the professional you seek to hold responsible. There are a very few exceptions. If you need further help you may call my office.
Re: statute of limitation to file malpractice suit
I would be interested in pursuing the matter, you may fax the medical report to me, please contact me directly at (619) 222-3504.
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