How Long Do I Have to File a Medical Malpractice Claim in California?

A medical malpractice claim can emerge for any number of reasons: a failure to diagnose, surgical errors, improper medication and premature discharge are just a few. If you’re injured, your main concerns should be your recovery and your family, but that can be difficult when the legal system sets time limits. This is what you need to know statute of limitations and filing a medical malpractice claim in California.

Medical Malpractice Claim Statute of Limitations

A “statute of limitations” refers to the time period from the time an injury occurs the last day on which you can file a lawsuit. In California, if you want to sue a doctor, hospital, or other healthcare provider for medical malpractice, you have 3 years from the date of the injury.

Bringing legal action after the statute of limitations has passed will likely end in your case being dismissed, leaving you with no recourse. These time limits may seem unfair, but they help your case if you have credible evidence. Over time, evidence that may bolster your case could become less compelling, so time is of the essence.

One exception to the statute of limitations is if you are unaware of an injury. If complications develop at a later time, you have 1 year in which to file a medical malpractice claim. If you don’t discover the injury until 4 years after the initial date, it will be too late to sue. It’s also important to note that although you must give the party you’re suing at least 90 days’ notice before filing a medical malpractice claim, you can give notice a few weeks before the statute of limitations runs out and it will be extended.

If you have been injured due to someone else’s negligence, contact our Orange County medical malpractice lawyers at Law Office of Marshall Silberberg.

Call (949) 565-4281 or contact us online today.