Skip to main content

Is it too late to sue a hospital?

Long Beach, CA |
Filed under: Medical malpractice

so when I was 14 I kept going to the E.R. because everytime that I got my period I would get a sharp pain on my side. all the nurses would diagnose me with was w a bladder infection and would give me medicine for it. after a few times my mother took me to my pediatrician since it wouldn't go away and my ped ordered an ultrasound to be made. between the time I got the ultrasound order and ultrasound appointment date I had to be taken to the e.r once again because of my pain that wouldn't even let me walk. my mom asked for the ultrasound to be done and after arguing back and forth they agreed to do it to come and find out I had a cyst in one of my ovaries. the cyst was too large to destroy with pills and I was scheduled for an eemergency surgery to have my ovary removed. I was a minor then b

Attorney Answers 4

Posted

Generally, a medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5. You should consult an attorney to discuss the specifics of your case, as other factors may be involved in making the determination.

Answers I provide on Avvo are for informational purposes only and do not create an attorney client relationship. I would be happy to discuss your case with you further. Provided we mutally agree that I should represent you, an attorney client relationship will be formed after a cleared conflicts check and execution of a written retainer agreement. I hope the information I have provided is helpful to you. Please feel free to contact me at 818-334-4409 or erin@strattelaw.com.

Mark as helpful

6 lawyers agree

Posted

Generally the statute of limitations for medical malpractice in California is 1 year from the date of the injury, or 3 years if you did not know or had no reason of knowing about the injury. However, because you were a minor, the statute would not begin to run until after your 18th birthday.

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

Mark as helpful

5 lawyers agree

1 comment

Robert Max Klein

Robert Max Klein

Posted

the statute for medical malpractice is not tolled until a child is 18. Instead, as Ms. Allen stated, actions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child’s eighth birthday, whichever provides the longer time period.

Posted

A minor (under the age of 18) must bring the action within 3 years of the date of the alleged malpractice, unless the minor was under age 6 at the time of the malpractice or unless the parent and insurance company committed fraud. We do not know how old you are now, to be able to tell you if your statute of limitations has expired.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Mark as helpful

5 lawyers agree

Posted

Statute starts to run when you are eighteen. Call a local med mal lawyer to discuss.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Mark as helpful

4 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics