Legal Question in Medical Malpractice in California
I underwent a circumcision at around age 13 that I believe was botched. I remember waking up in the middle of the procedure and seeing my skin being cut and being injected. This still haunts me to this day. Too much skin was taken off I was left with a major scar. I underwent a second procedure at a different place for comestic purposes. To this day I am in discomfort and feel a pinching pain along with it being very sensitive there everyday of my life. I am now 24 years old. Can I take any sort of legal action?
2 Answers from Attorneys
I'm sorry you have continuing problems from your procedure. Assuming the procedure was done in California, you've missed the legal time limit -- possibly you had two years or less after you became 18 -- and you cannot now maintain a legal action.
In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years ... Actions by a minor shall be commenced within three years from the date of the alleged wrongful act