When does statute of limitation’s start or end for surgical error and delay of care?

Question

My friend has been at Stanford for almost one year, with no end in sight, still in ICU. Her hospital records are not available until discharge but she suffered severe consequences from surgical error and delayed treatment that I was made aware of at the time. If she survives this she will be discharged to a nursing home and I hope for her to have funds for private care. I am her medical power of attorney.

James L. Arrasmith · Answer

In California, the statute of limitations for medical malpractice, including surgical errors and delays in treatment, generally starts when the patient becomes aware, or should have reasonably become aware, of the injury caused by the malpractice. This period is typically one year from the date of discovery but no more than three years from the date of the injury. However, if the injured person is incapacitated or unable to act, the statute might be tolled, or paused, until they are able to take legal action. 
 
Given your friend's situation, where she remains in the ICU with her medical records unavailable until discharge, it can be challenging to determine the exact starting point of the statute of limitations. Since you are aware of the surgical error and delayed treatment, the clock may have already started ticking from that point of awareness. However, complexities such as ongoing hospitalization and potential incapacity could affect this timeline. 
 
You may want to consider gathering as much information as possible now, even before her discharge, to understand her legal options and preserve any potential claims. Consulting with a legal professional can provide clarity on how the statute applies in her case and what steps you should take to protect her rights and secure the possibility of private care in the future.

Q: When does statute of limitation’s start or end for surgical error and delay of care?