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How long do you have to file a medical malpractice lawsuit in the state of california

Asked over 2 years ago - Chicago, IL

my husband died in a california hosp. when he was admitted he had neumonia 3days later was diagnosed with aml he was never treated for cancer was told day by day they were going to transfer him to a hosp. were they treat cancer patients that never happened. I was also told that they weren't able to treat him because of his legal status.his medical records show that when he was younger he was treated for aml, he was never admitted to the hosp. for any cancer, So that has me thinking did they not treat him because on his supposively med records it states that he did indeed have this cancer..before?????

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Attorney answers (2)

Guy Scott DiMartino

Reputation Level 13

Answered over 2 years ago. Medical Malpractice Attorney in Howey In The Hills, FL.

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I do not practice in CA - you should contact a local attorney for a consultation. Please see the following link for an answer to your statute of limitations question.

I'm sorry for your loss.

http://www.expertlaw.com/library/malpractice_by_state/California.html#6

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John Robert Mittelman

Reputation Level 9

Answered over 2 years ago. Medical Malpractice Attorney in Temecula, CA.

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California Code of Civil Procedure section 340.5 states that you have one year from the date you knew or reasonably should have suspected that your husband's death was caused by medical negligence. If he had not died, you might have had up to three years from the date of the injury, but that is, subject to some tolling provisions that don't seem to apply based on your question, an outside limitation.

Since he passed away, your "wrongful death" claim, based on malpractice would have to be filed within one year from the date of his death.

Hope this helps,

John Mittelman

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