What is Medical Malpractice Statute of Limitations and When to Apply It?
Under Medical Malpractice Statute of Limitations, any person suffered due to the negligence of a medical professional may file a lawsuit in order to seek monetary compensation.
The injured party should file the lawsuit within stated time period (also known as the statute of limitations). If you or a loved one fail to file the lawsuit within required period, you may use the right.
In California, the statute of limitations is complex. Under California Code of Civil Procedure Section 364, the defendant may not commence the action based upon the health care provider’s professional negligence unless he or she notices of the intention to start the action. The professional must receive the notice at least 90 days’ prior to the action. There is no particular form of notice. The notification should include the legal basis of the claim and what kind of loss the victim sustained.
When Can I Start the Legal Action after Medical Malpractice Case?
The patient should start the action within one year the date of discovering the injury. Under specific circumstances, the law allows to extend this deadline.
When the Deadline of Statute of Limitations Might Be Extended?
The statute of limitations states that it is possible to extend the lawsuit for three years if it took place fraud or intentional concealment. Nonetheless, the patient should file the lawsuit no later than three years after occurring of the medical malpractice or negligence.
The medical malpractice statute of limitations is also applicable to minors six years old and older. Such injured persons may file the action within three years of the date of the injury. In addition, they may commence the lawsuit before becoming eight years old.
Moreover, the statute of limitations for a wrongful death in California sets forth the special deadline for wrongful death cases. The deadline for such is two years from the date of the death.
In order to sue a government entity for a wrongful death case, the defendant must initially file a government tort claim within an 180-day limitation period.
Thus, pursuant to California Civil Procedure Code, there can be different uncertain situations where medical malpractice lawsuits may occur. In controversy, you lose the right to sue a medical professional due to failure to file a lawsuit within the certain period.