Statute of Limitations in California for Medical Malpractice

Malpractice is when a professional, like a doctor or lawyer, fails to perform their duties correctly, causing harm or injury. This can include errors, negligence, or misconduct that deviates from standard practices, resulting in negative consequences for the patient or client. These mistakes can occur in various ways, including:

• Misdiagnosis
• Failure to diagnose
• Surgical errors
• Anesthesia errors
• Sexual abuse and harassment
• Prescription medication errors
• Birth injuries

In any state, you can make a claim against a physician, nurse, midwife, pediatrician, primary care doctor, or other healthcare providers. Hospital staff like administrators or janitorial workers can also be sued if they were involved in your injury.

At Hodes Milman, we also have experience pursuing medical malpractice suits against institutions like hospitals, medical groups, nursing facilities, and surgery centers. Contact us online or by phone at (949) 640-8222.

Medical Malpractice In California

When it comes to California, The National Practitioner Data Bank (NPDB) provides essential data showing that approximately 16.9 medical malpractice lawsuits are brought for every 100,000 people in the state.

From 1990 to 2017, California saw over 56,000 actions against state licensure for medical professionals. This number is influenced by the large number of doctors in the state compared to others.

Regarding actions taken against state licensure, California doesn’t cut the top ten. Registered nurses face the most adverse actions by practitioner type, followed by medical doctors and nurse practitioners, with payouts that are considered highly favorable compared to most states.

Common Causes for Medical Malpractice in California

Medical malpractice tends to come in the form of misdiagnosis or failure to diagnose a patient correctly. Both lead to inappropriate or delayed treatment, or death. Misdiagnosis could also come in the form of a false operation or leaving surgical instruments inside a patient.

Other forms of malpractice may stem from anesthesia errors, which can include administering too much or too little anesthesia. Prescription medication errors, such as prescribing the wrong medication or dosage, are frequent causes of harm.

Lastly, medical malpractice can come in the form of resulting from improper prenatal care or errors during delivery, causing lifelong disabilities. And sexual harassment or assault, which is considered an abuse of power.

Medical malpractice is notoriously hard to prove. But with experienced medical malpractice attorneys at your side, you’ll be giving yourself a fighting chance.

Statute Of Limitations In California For Medical Malpractice

What is the statute of limitations for medical malpractice in California? The statute of limitations is the legal time frame for a person to file a lawsuit. In California, these rules are clearly defined and must be adhered to maintain a claim’s validity.

For the vast majority of medical malpractice cases, California law states that a lawsuit must be filed within three years from the date of the injury. Alternatively, if the injury was not immediately discovered, the lawsuit must be filed within one year from the date the injury was discovered.

This is known as the “discovery rule” and is codified in the California Code of Civil Procedure section 340.5. The discovery rule allows for the possibility that a patient may not realize immediately that they have been harmed by medical negligence.

It is important to note that these time frames are strict. Missing the statute of limitations generally results in the loss of the right to file a lawsuit. Those believing they’re victims of medical malpractice should seek legal counsel to make sure their rights are protected.

California Medical Malpractice Statute Of Limitations Exceptions

Healthcare providers take an oath to provide excellent care, but sometimes they cause exceptional harm. Don’t let the statute of limitations run out on your case. Let us hear your case. Reach out online or by phone at (949) 640-8222.

While the medical malpractice statute of limitations in California may range from one to three years, there are occasional exceptions where this may be extended.

When the Victim is a Minor

For minors under the age of 18, the statute of limitations is different. If the injured party is a minor, they have three years from the date of the alleged malpractice to file a lawsuit. However, if the child is under six, the statute of limitations extends until their eighth birthday.

This exception allows for additional time, recognizing that children may not immediately display symptoms or that parents may not promptly recognize the malpractice.

When There’s Fraud or Intentional Concealment

If a healthcare provider has intentionally concealed their malpractice, the statute of limitations can be extended. In cases where fraud or intentional concealment is proven, the clock starts running from when the patient discovers, or should have discovered, the malpractice.

This exception is important as it addresses situations where the healthcare provider’s actions might have prevented the patient from discovering the error within the normal time frame.

When a Foreign Object is Left in the Body

Another exception involves cases where a foreign object is left inside a patient’s body.

If a surgical instrument or other object is inadvertently left inside a patient, the statute of limitations is extended to one year from the date the patient discovers or should have discovered the foreign object.

Because errors might not be immediately apparent and can cause long-term health issues, it’s important to document post-operative feelings of weakness or pain experienced.

When the Injured Party has a Disability

If the injured party is mentally incapacitated or otherwise unable to take legal action, the statute of limitations can be tolled, or paused, until the disability is lifted.

This is purely for the benefit of individuals who are not capable of making legal decisions. The law exists to ensure they are not unfairly barred from seeking justice due to their condition.

Understanding these exceptions may help strengthen a late claim, but we recommend seeking out legal counsel as soon as malpractice is discovered. You can find more answers to commonly asked medical malpractice questions here.

Contact Hodes Milman: Medical Malpractice Attorneys

The experienced medical malpractice attorneys at Hodes Milman have secured multi-million dollar settlements for their clients.

In one instance, we were able to secure up to $4.0 million settlement after an insufficient emergency room diagnosis left a 30-year-old woman in a vegetative state.

Contact us online or by calling (949) 640-8222. Your lawyer will guide you through your state’s specific laws on medical malpractice and personal injury and strive to secure the best possible settlement for your situation.

Proudly Representing California Residents