If i believe a hospital's neglegance was the cause of my dad's death 2 years ago, what is the deadline to file a civil lawsuit?

Asked almost 2 years ago - Oakland, CA

my dad was stabbed in may of 2010 and taken to hospital where they released him when he was not well enough to be released, he later developed infection and died from wound complications

Attorney answers (6)

  1. Farid Yaghoubtil

    Contributor Level 11

    12

    Lawyers agree

    Answered . In California, you have 3 years from the date of the injury OR 1 Year from the date the injured party discovered or reasonably ought to have learned of the injury, whichever comes first. Since your father passed away, the statutory period could be extended by six months.
    Your best bet is to consult with a medical malpractice attorney immediately.

    Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
  2. Paul J Molinaro

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . California has very strict statutes of limitations for medical malpractice claims. Generally one year is the time limit, unless an entity is a county entity in which case the clock stops at six months. Of course there are exceptions and ways to get around the rule. The bottom line is that anyone who even thinks he or she is a victim of medical malpractice in the State of California should consult with a medical malpractice attorney as soon as he or she can. The attorney will figure out whether it's too late.

    - Paul


    * 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.

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

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . Consult with a medical malpractice attorney right away.

    Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to... more
  4. Alex Tovstolug

    Contributor Level 3

    7

    Lawyers agree

    Answered . You should immediately consult with a medical malpractice attorney licensed in California.

    If you miss the statute of limitations on filing date, you will not be able to bring a lawsuit on your father's estate's behalf.

  5. Kevin C. Murphy

    Contributor Level 9

    5

    Lawyers agree

    Answered . Pursuant to Cal. Code of Civil Procedure section 340.5, you have one (1) year from the date of injury or three (3) years from the date of discovery of the medical negligence cause of action. The determination on the actual date is very nuanced and factually specific. I recommend you contact a healthcare attorney ASAP in order to obtain a consultation and protect any legal remedies you may still have available at this point in time.

    Best of luck and Happy New Year,
    Kevin C. Murphy

  6. Ian A. Scharg

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . If you allege dependent adult abuse under the EADAPCA, the statute of limitations is 2 years as opposed to one.

    You need to consult an attorney ASAP or risk forever having your rights barred.

    This is not legal advice and does not intend to create an attorney-client relationship. You should consult an... more

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