Legal Question in Medical Malpractice in California

Re: statute of limitations

With medical malpractice cases, when you serve the required notice of intent to sue on the doctor and health care facility -- a prerequisite for filing suit -- that will stop the clock on filing a complaint for the statutory period. Code of Civil Procedure section 364(d) states: "If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice." As an aside, a lawyer usually will want to have a medical consultant review all of the medical records and give an opinion on whether there's a case, before deciding to take the case. Make sure to provide the reviewing attorney with all of your pertinent medical records, tests, x-rays, billing statements, etc.

Re: statute of limitations

Send a letter via certified mail putting all health care providers on notice of your intent to file suit. This will extend your filing date by 90 days.

Good luck,

Re: statute of limitations

I can only assume you mean the 1 year statute and not the three year statute. You have to serve a 90 Notice of Intention to sue on each health care provider involved. This will extend the SOL for 90 days. It is the first thing that any attorney you consult will do to protect the statute while he or she evaluates the case.

Re: statute of limitations

This is an area of law that is very time sensitive and failure to follow the correct statutory procedures will cause your case to be dismissed. I would highly recomend you consult an attorney immediatly.