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Have you been injured by a medical professional in San Diego, California and now have to consider taking legal action? If so, you might wonder if it is possible to file a lawsuit months or even years later. Understanding the rules governing medical malpractice claims in California and how you can sue for damages years later can help safeguard your rights.
What are California's Statute of Limitations for Medical Malpractice?
A statute of limitations is a specific deadline set to file a lawsuit. In California, the deadline for filing a medical malpractice claim is generally three years after the injury or one year after the discovery or detection of the injury.
These deadlines are set by law and can't be extended. Therefore, if you think you have a case, it is best to consult with a San Diego medical malpractice attorney immediately to discuss options and ensure that your claim is filed promptly.
Exceptions to California's Medical Malpractice Statute of Limitation
There are a few exceptions to California's medical malpractice statute of limitations. They include:
- Fraud: If you can prove that the health care provider committed fraud or deliberately concealed information, you have up to three years from the date of discovery to file a lawsuit.
- Minors: The statute of limitations for minors under age six is extended until their eighth birthday.
- Foreign object: If a foreign object is left in the patient's body during surgery, the patient has one year from the date they discover the object to file a lawsuit.
How to Sue for Medical Malpractice Years Later in San Diego?
It is not uncommon for people to wait years before taking legal action after sustaining injuries due to medical malpractice. However, if the 3-year time limit lapses, you must qualify for an exception to the statute of limitations to make a claim successfully.
If you believe that you or a loved one is a victim of medical malpractice, it is essential to speak with an attorney as soon as possible. An attorney can help you explore your options, ensure that your claim is filed within the applicable statute of limitations, and prevent the untimely dismissal of your claim.
Once your lawyer establishes an exception for the statute of limitations, they will demonstrate that the health care provider was negligent. Since the legal proceedings may take place long after the accident, proving the healthcare provider's negligence can be difficult. Generally, you should take action immediately after you sustain or discover an injury that results from medical malpractice.
Contact our San Diego Medical Malpractice Attorneys Today
If you have a medical malpractice claim in California, The Law Office of Elliott Kanter attorneys can provide the legal representation you need. We will thoroughly investigate your case and determine if you have a valid claim. If we decide to take your case, we will work tirelessly to ensure justice is served. Get in touch with us today for a free consultation.
