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California’s Statute of Limitations for Medical Malpractice

Though we all like to believe that injuries during medical treatment by medical personnel does not happen, unfortunately it does. Sometimes you find out immediately that an injury has been sustained to you, however, often times, you do not find out that an injury has occurred until later. So in these cases, what should you do? What is the best course of action to take? If you or a loved one have been the victim of medical malpractice it is extremely beneficial to contact an experienced Sacramento medical malpractice attorney about your case.

What is the Statute of Limitations for Medical Malpractice Cases?

For California, the law imposes a statute of limitations which sets a maximum amount of time that legal proceedings can occur after the date of an accident. A statute of limitations is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time, and if not filed within that time frame, can no longer be filed.

Depending on the type of case or procedure, California’s statute of limitations range from one year to ten years. California’s state law states that for professional malpractice, the period of time during which you can file a lawsuit for personal injury is three years from the date of the injury or if the injury is not discovered right away, then the statute of limitations is one year upon the date of discovery or when you should have discovered the injury, whichever occurs first. Also, at no time shall an action exceed this three year time frame unless the event is tolled due to: fraud; intentional concealment; or the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.

Need Legal Advice?

Injuries can be sustained at any time during a medical procedure, however, once that injury has been discovered it is invaluable to contact an attorney to determine whether you have a case and to make sure the statute of limitations have not run on your case. If the statute of limitations has been ran then you will no longer be able to file a claim. Therefore, contacting Teal Law Group to receive an initial consultation on your case is beneficial. Contact our office today so that we can help strategize about the best action plans for your case.