Legal Question in Personal Injury in California

I had a surgery where the Doctor made a mistake and cut something he shouldn't have but couldn't sue him but am wondering if I could sue him for just the medical co-pays and out of pocket medical bills in small claims court and if so how what is the time frame? It took the original lawyer that I had over a year and a half to decide if they could peruse my case or not. Thanks


Asked on 7/30/12, 3:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Medical malpractice claims have a one year statute of limitations that runs from the time you first 'discovered' a problem. Clearly sounds like that is long passed and you have no remaining claim against the doctors. To win such a case you must have a hired medical expert with testimony proving malpractice.

If you actually had a valid case with merit, value and collectability, but an attorney 'blew the statute', then you might have a legal malpractice claim against them. But, in such a suit, the medical claim has to be proven first, and then the legal claim must be proven - two trials in one. You have at most two year statute of limitations against the lawyers.

If you seriously believe you can prove the medical malpractice claim, feel free to contact me to discuss.

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Answered on 7/31/12, 1:21 am


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