How long do i have to sue a hospital in california

Asked over 1 year ago - Salinas, CA

i woke up from a gallbladder surgery with kidney failure, and damage to my vision. i am unable to work, am on social security disability, have dialysis three times a week, and am waiting for a kidney transplant, i was in the hospital for two full months and still have never been told what went wrong.

Attorney answers (6)

  1. Steven Jay Weinberg

    Contributor Level 7


    Lawyers agree

    Answered . While every surgery has known risks and complications often times injuries do occur as a result of negligence by the doctors, nurses or other health care providers. In order to determine if your injuries occured as a result of negligence it will be necessary for you to consult with an experienced medical malpractice lawyer. You should obtain all of your medical records so the lawyer can review them and perhaps obtain an expert review. There are very specific time limits within which a medical malpractice lawsuit must be brought and failure to file a case within those time limits could result in your case being barred by the applicable statute of limitations. You should consult with an attorney as soon as possible.
    There is no charge for an initial consultaion in my office. I am available to answer any of your questions.
    Steven J. Weinberg, Trial Lawyer

  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . A local malpractice lawyer would need to order your medical records to review.

  3. Carlos Blumberg

    Contributor Level 13


    Lawyers agree

    Answered . An attorney will tell you the statue of limitations and other requirements necessary to demand and/or sue the hospital, doctors, nurses, etc.

  4. Heather A Lottmann

    Contributor Level 15


    Lawyers agree

    Answered . You should contact a medical malpractice attorney in your area to discuss your claim. Often times, medical malpractice statutes of limitation are short. In some cases, there are exceptions. I do not practice in CA, so I do not know what exceptions there may be available to you.

    A CA medical malpractice attorney will not only be able to advise you on the statute of limitations but can also get more detailed information about your potential claim and evaluate the likelihood of success of the potential claim.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided... more
  5. Mickey David Larson

    Contributor Level 14


    Lawyers agree

    Answered . I am not licensed to practice in California, so you should definitely contact a local medical malpractice attorney to discuss your claim in more detail than what you have here. That said, generally speaking, you would have one year from the date of the surgery. There are exceptions that would allow you to bring a claim outside of that time period, but their applicability is something that is probably outside the scope of this forum. Use the "Find a Lawyer" feature above to get in touch with a local medical malpractice attorney. Good luck. Take care.

    My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship,... more
  6. Paul J Molinaro


    Contributor Level 17

    Answered . Gall bladder surgery in an otherwise healthy person should be a relatively quick surgery with excellent chances of full recovery. Renal failure and ophthalmologic damage should not be expected from an uncomplicated cholecystectomy. However, one way to find out what went wrong and whether the doctor acted negligently is to have a local medical malpractice attorney review the medical records.

    Anyone who even thinks he or she has a medical malpractice case should immediately consult with an experienced medical malpractice attorney. Most of us offer free consultations, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684 /

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more

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