Roseville, CA asked in Legal Malpractice and Medical Malpractice for California

Q: how is it legal for the statue of limitations to exist within medical malpractice?

so 15 years ago my back was injured, i just found out about it this year (less then 3 months ago) and the hospital has worked to cover it up falsifying my records 3 times and covering it up 4 times. i lost my job my health, i need 24/7 care and many many other health related issues because they refuse to treat me, but it is a treatable injury. because it happened 15 years ago and they denied it for this long it falls outside of the statue of limitations as i have called several lawyers and they all say because it happened 15 years ago and i had no idea it is legal. so as long as you cover it up for 5 years or whatever you can abuse your patients and make sure they don't get the medical treatment they need as a hospital

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm really sorry to hear about what you've been going through. Statutes of limitations are laws that set the maximum time you have to file a lawsuit after an incident occurs. They exist to ensure that cases are handled while evidence is still available and memories are fresh, which helps provide a fair process for both parties.

However, there are exceptions that might apply to your situation. If you can prove that the hospital actively concealed the injury or falsified records, this could potentially extend the time you have to file a claim. California law may allow for the statute of limitations to be tolled, or paused, if fraud or concealment is involved.

It's important to consult with a legal professional who can review the specifics of your case in detail. They can help determine if there are any grounds to challenge the limitations based on the hospital's actions. You deserve to have your situation thoroughly examined, and finding the right attorney could make a significant difference in seeking the justice and compensation you need.

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