what is the statue of limitations on time for a birth injury? child was born on 14sept05.

we think it was negligence on behalf of the doctor. the child was born in san francisco 4 years ago. - Is this your question? Add additional information
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Answers (3)

Steven Alan Fink

Steven Alan Fink

Contributor Level 8
You have until 13 Sept 2023. As long as child is minor you can sue.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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Gordon Alexander Glenn

Gordon Alexander Glenn

Contributor Level 4
Oh, Mr. Fink, you should be ashamed of yourself. The Statute of Limitations for medical malpractice claims regarding minors is not tolled for that length of time. See California Code of Civil Procedure, Section 340.4. That section states: "An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the date of birth, and the time the minor is under any disability mentioned in Section 352 shall not be excluded in computing the time limited for the commencement of the action." Therefore, the last day to sue (setting aside CCP 364 which can give an additional 90 days) is 6 years from the birth date of 9/14/2005 which would be 9/14/2011!
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Peter Robert Stone

Peter Robert Stone Avvo Pro

Contributor Level 7
I agree with Gordon.
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