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Statute of Limitations for Medical Malpractice in California

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Patients who have suffered harm at the hands of a doctor’s negligence are often entitled to financial compensation for the repercussions of this inexcusable mistake. If you have reason to believe that medical malpractice is the cause of your injury, you should take action to file a claim. The type of claim that you file will be specific to your incident and carry particular rules that must be abided by in order to be considered effective.

In the state of California, there are several deadlines for filing a medical malpractice claim. The general rule, however, is that a patient can file a claim up to one year after he or she has discovered that the injury exists or up to three years from the time that the injury took place. Once this time has passed, the patient will be barred from filing a claim.

Discovery Rule for Medical Malpractice

California has adopted the “discovery rule” for medical malpractice cases to open the door for compensation to those who discover the cause of their injury after the statute of limitation has passed. At the point that their illness or injury is diagnosed, the statute of limitations would begin for that patient.

Statute of Limitations for Minor Children

Another matter is the statute of limitations for minors (children under the age of eighteen). In the state of California, lawsuits by a minor must begin within three years from the date of the alleged malpractice. An exception to this rule is lawsuits by minors under the age of six who have until their eighth birthday to commence the filing of a medical malpractice claim.

Work with Your San Jose Personal Injury Attorney

At The Law Offices of Caroline J. Nasseri, we can provide you with quality guidance as you file a claim for medical malpractice. Make sure to take immediate action if you have suffered injury from the negligence of a medical provider. Our San Jose personal injury lawyer can help you file a medical malpractice claim and seek just compensation within the required time frame. Call us at (408) 912-2217 or reach out to us today!