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?

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

Oakland, CA -

Attorney Answers (6)

Farid Yaghoubtil

Farid Yaghoubtil

Personal Injury Lawyer - Los Angeles, CA
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.
Paul J Molinaro

Paul J Molinaro

Wrongful Death Attorney - Corona, CA
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


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** 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
Matthew Louis Solomon

Matthew Louis Solomon

Personal Injury Lawyer - Philadelphia, PA
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
Alex Tovstolug

Alex Tovstolug

Personal Injury Lawyer
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.

Kevin C. Murphy

Kevin C. Murphy

Licensing Attorney - San Diego, CA
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

Ian A. Scharg

Ian A. Scharg

Wrongful Death Attorney - Sacramento, CA
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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