Q: Are there any exceptions to the 3 year statute of limitations for medical negligence in California??
Checked husband into hospital ER for insulin emergency. Didn't give him insulin for 6 days and had put him on a ventilator and punctured his lung. Called for permission to put a stent in, which they also botched also.
they called me on the phone, didn't know me
or identify me on phone or know who they
were talking to, when they called ! 1-24-21
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A:
Yes, there are important exceptions to California's 3-year statute of limitations for medical negligence cases. In your situation, since the incident occurred in January 2021, understanding these exceptions is crucial.
One key exception is called "delayed discovery," which means the time limit may not start until you discovered (or reasonably should have discovered) the negligence. Additionally, if the healthcare provider committed fraud or intentionally concealed their mistake, the statute of limitations can be extended. The time limit may also be extended if there was a foreign object left inside the body during surgery.
Given the serious nature of your case - including the insulin delay, ventilator complications, lung injury, and apparent communication failures regarding the stent procedure - you should contact a medical malpractice attorney immediately. They can evaluate whether any exceptions apply to your specific situation and help preserve your legal rights. Many attorneys offer free initial consultations where they can review your case details and explain your options.
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