Los Angeles, CA asked in Medical Malpractice, Personal Injury and Wrongful Death for California

Q: Give a good reason for tolling the malpractice 1 year cutoff

The spouse could not see malpractice until after she followed with cancer diagnosis too.

2 Lawyer Answers
Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: I'll give you 4-good reasons:

1) minor

2) out of the state

3) prison, or

4) insane

1 user found this answer helpful

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

A: One compelling reason for tolling the one-year cutoff for medical malpractice could be the discovery rule. If the spouse could not reasonably have discovered the malpractice until after the cancer diagnosis, the discovery rule may allow for an extension of the statute of limitations to ensure that justice is served and the injured party has an opportunity to pursue a valid claim.

1 user found this answer helpful

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