In California, the time to commence an action for professional negligence against a health care provider is "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." (Code Civ. Proc., § 340.5.) In no event will the time for commencement of legal action exceed three years, unless tolled because of (1) proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the body of the injured person. (Id.)
It sounds like you may be claiming fraud or concealment, which are two of the three bases for tolling the limitation period. You very well may still have time to file. But . . .
(1) Do you have a qualified person (probably an OB/GYN doctor) willing to testify the medical treatment you received fell below the standard of care? Without this, you won't have a case.
(2) Have you requested and received copies of your complete medical chart? With the passage of time, things may get lost.
An experienced medical malpractice plaintiff’s attorney can assess your case. Make an appointment for a consultation with one ASAP.
Best of luck to you.
This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.
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