Q: In a case of medical injury, does the statute of limitations start when the injury occurs or when it is discovered?
I had a really rough gallbladder surgery 3 years ago, including 4 days in the hospital, excessive bleeding into a hematoma, 3 emergency room visits etc. Recently I have developed a large hernia in the surgical site consistent (according to my surgeon) with the trauma I previously describe.
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A:
In California, the statute of limitations for medical malpractice typically follows the "discovery rule" - meaning the clock starts either when you first discovered (or reasonably should have discovered) the injury, or when the actual injury occurred, whichever comes later. However, there is an absolute limit of 3 years from the date of injury, regardless of when you discovered it.
Your situation with the hernia developing after gallbladder surgery presents an interesting timing question. Since you recently discovered this complication that may be linked to your previous surgery, you might still be within the timeframe to take legal action. The key will be establishing when you first noticed or should have noticed symptoms of the hernia, and whether there's clear medical evidence linking it to the original surgery.
Given the complexity of your case and the timing involved, you should contact a medical malpractice attorney immediately for a consultation. They can review your medical records, assess the timeline of events, and determine if you're still within the legal window to pursue a claim. Many offer free initial consultations and can help evaluate whether the surgical complications you experienced meet the standard for malpractice under California law. Time is critical in these cases, so don't delay in seeking legal guidance if you believe you may have a valid claim.
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