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Statutes of limitations for medical malpractice claims

On Behalf of | Oct 26, 2021 | Surgical Error

From surgical errors to failure to receive a proper diagnosis, there are many reasons why you would file for a medical malpractice claim in California. However, is important that you understand the statute of limitations for filing these claims to avoid missing out on compensation.

What are statutes of limitations?

Statutes of limitations are time limits imposed by state law as to how long you have to file a lawsuit or other legal action, after which you’re limited or barred from doing so. The aim of the statute of limitations is to ensure that people make legal claims while evidence and witnesses, such as doctors or nurses you might be suing over a surgical error, can still remember what happened.

What are the time limits to file a medical malpractice claim in California?

In general, claims against doctors and hospitals must be filed within one year from the date of your injury. However, there are some exceptions to this rule. For example, if the doctor or hospital concealed what happened, you might have up to three years from the date of injury. Also, if you are a minor at the time of your injury or you want to file on behalf of one, you might have up to three years to file the claim.

What if you miss the deadline?

If you file a medical malpractice claim after missing the statute of limitations, your case will probably get dismissed. This means you may not get compensation for what happened to you.

If you don’t file your lawsuit within the time limit, it is possible that you will lose the right to compensation for damages done by surgical errors or other medical mistakes in California. This means you shouldn’t wait if you have a claim to pursue.