We need to know the statute of limitations for medical malpractice because we put a lot of faith into the hands of doctors and medical providers. Unfortunately, in far too many cases, medical professionals fail to live up to their responsibilities. Every year, tens of thousands of patients in California suffered harm due to medical negligence.
You can hold negligent doctors or hospitals liable through a medical malpractice lawsuit. There are strict deadlines for filing this type of claim. In this post, our San Francisco medical malpractice attorneys provide a guide to the statute of limitations in California.
Medical Malpractice Statute of Limitations: Three Years (or One Year of Discovery)
Under California law (Code of Civil Procedure § 340.5), most medical malpractice claims must be filed within one (1) year from the date the patient discovered or should have discovered their injuries. Further, most medical malpractice lawsuits are subject to an upper limit of three (3) years — meaning the claim must be filed within three (3) years of the date of the alleged malpractice, regardless of when discovery occurred.
If you or your loved one was the victim of malpractice, you should take immediate action. The sooner you consult with an experienced medical negligence attorney, the easier it will be to bring a successful claim. You do not want to run into problems from California’s statute of limitations.
Exceptions to California’s Medical Malpractice Statute of Limitations
There are several narrow, but important exceptions to California’s statute of limitations for medical malpractice lawsuits. You may have additional time to file a claim if your case fits into any of the following categories:
Speak to Our Bay Area Medical Malpractice Attorneys Today
At Bracamontes & Vlasak, our San Francisco medical malpractice lawyers are aggressive, experienced advocates for victims and their families. If you have questions about the statute of limitations, we are available to help. To get a no-cost, no-commitment consultation, please contact our law firm right away. We handle medical malpractice claims throughout the Bay Area, including in Oakland, Palo Alto, Mountain View, San Jose, and Daly City.