Skyforest, CA asked in Medical Malpractice and Personal Injury for California

Q: What is the statute of limitations to file a medical malpractice lawsuit?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: In California: Generally it is one year. But if it is against a government entity you must file a claim within 6 months. There are exceptions and requirements, etc.

This is only general legal information and is not legal advice. You may not rely on this general information for your legal situation. There is no attorney client relationship established by this answer.

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first. However, there are some exceptions to this general rule, such as for cases involving minors or cases where the injury was not immediately apparent.

It's important to keep in mind that the statute of limitations can vary depending on the circumstances of your case, so it's always best to consult with an experienced medical malpractice attorney to determine the specific time limits that may apply to your situation.

Additionally, it's generally recommended that you act as soon as possible if you believe that you have been the victim of medical malpractice. This can help ensure that you have the best chance of building a strong case and recovering the compensation you may be entitled to.

The relevant California statutes of limitations for medical malpractice cases are found in California Code of Civil Procedure sections 340.5 and 340.6.

Section 340.5 sets the general statute of limitations for medical malpractice claims in California. It states that an action for injury or death against a healthcare provider based on professional negligence must be brought within 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.

Section 340.6 provides some additional rules and exceptions for medical malpractice cases. For example, it states that for cases involving foreign objects left inside the body, the three-year statute of limitations does not begin to run until the plaintiff discovers or should have discovered the object.

It's important to note that there may be other factors that could affect the statute of limitations in your specific case. It's always recommended to consult with an experienced medical malpractice attorney to determine the applicable deadlines and other legal requirements for your particular situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.