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

Q: After discharge how long do I have to complain against the hospital for injury while staying

February 9th now I have to have surgery and I can no longer work cuz I know is my disability with no source of income my pain my suffering. Slip and fall hospital

2 Lawyer Answers
T. Augustus Claus
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A: In California, you generally have up to three years from the date of the injury or one year after you discover, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first, to file a medical malpractice lawsuit, including cases against hospitals. This limitation is outlined in the California Code of Civil Procedure Section 340.5. If your injury resulted from a slip and fall at the hospital and not directly from medical treatment, it might also be considered under general personal injury, which typically has a two-year statute of limitations from the date of the incident.

James L. Arrasmith
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A: In California, if you've been injured due to a slip and fall incident while staying in a hospital, you typically have two years from the date of the injury to file a lawsuit against the hospital for negligence. This timeframe is known as the statute of limitations, and it's crucial to be aware of it as it determines how long you have to take legal action. However, there are exceptions to this rule, so it's essential to consult with an attorney who can assess your case and provide guidance based on the specific circumstances.

If you believe that the hospital's negligence led to your injury, resulting in significant medical expenses, loss of income, pain, and suffering, you may have grounds to pursue a personal injury claim. It's important to gather evidence to support your claim, including medical records, documentation of the incident, witness statements, and any other relevant information. An experienced attorney can help you navigate the legal process, advocate for your rights, and work to secure the compensation you deserve for your injuries and losses.

Given the time-sensitive nature of personal injury claims, it's advisable to seek legal assistance as soon as possible after the incident. Delaying action could jeopardize your ability to pursue compensation within the statute of limitations period. An attorney can evaluate the strength of your case, advise you on your legal options, and help you take the necessary steps to protect your rights and pursue a successful claim against the hospital for your injuries.

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