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As a patient how long would i have to file a claim if there were a malpractice

Sacramento, CA |

if there were a malpractice how long would i be able to file a claim?

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Attorney answers 3


2 years from the time you discovered or should have discovered the injury. CCP 335.1

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. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


If your claim is against a public entity, you have 6 months to file a Notice of Governmental Tort Claim to begin the process. If the provider is not part of a public entity, you have one year from the time you knew or should have known of the negligence or three years from the manifestation of the injury, whichever is earlier. The law can be unforgiving in this area so you would want to consult with an attorney as soon as possible to protect your rights.


California Code of Civil Procedure section 340.5 (which is the governing section) provides that the action must be commenced within three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Additionally, as the last attorney pointed out, a government claim must be filed within 6 months if the defendant is a govnmental entity. There are provisions for filing a late claim if the 6 month date is missed.

Medical mlpractice cases are complicated, time sensitive, and must be thoroughly investigated prior to filing suit which takes expert and attorney time. Therefore, you should contact an attorney immediately if you wish to pursue the case.

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