3 years for malpractice in CA. What happened?
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I am sorry you lost your daughter so tragically. Mr. Lassen's advice is incorrect. The medical malpractice statute of limitations in CA is ordinarily one year. This applies to wrongful death cases as well. There are certain circumstances where the statute will be extended, but you should never count on that. Contact a CA medical malpractice lawyer immediately.
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So very sorry for your loss. Of course a 23 year old person does not generally die without a good reason. You are right to be concerned over her care. There can be more than one statute of limitations to consider in this kind of claim. My office handles consumer protection matters in CA. Feel free to contact us for a referral to a top notch atty in the LA area.
The statute of limitations for a cause of action against a health care provider in CA is contained in C.C.P. section 340.5 and reads: “In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be 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. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon 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 person of the injured person.”
In order to assert a claim against a health care provider, there are also other procedural steps which should be followed.
Claims against government entities must also comply with the governmental claims statute which requires presentment of claims generally within 6 months of the act upon which liability is based, first.
If you believe you have a claim under California’s wrongful death statute you should immediately consult personally with an attorney who can review the facts of your claim so that any claim is timely presented under the exact facts of your case. It is NEVER wise to rely on posts here on Avvo with respect to something as critical as the statute of limitations.
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I am terribly sorry for your loss. As Mr. Daymude stated, the statute of limitations for your case is three years. I would like to know what you believe the doctors did to act negligently in their care. To have a better understanding of your case, you should consult with a Los Angeles based medical malpractice attorney. I have practiced medical malpractice for more than 30 years and I would love to help you in your case.
Martin P. Weniz
Whoever said the statute of limitations is 3 years in a medical malpractice case is absolutely 100% out of their mind. The statute is ONE year from the date of the incident or the date when you reasonably should have known there was malpractice. I am a licensed physician in California as well as an attorney in both California and Illinois. I'd be happy to talk to you about your case. If there was wrongdoing, I will legally bludgeon the responsible party so you get the maximum recovery possible. My office number is 310-289-2600.
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