Medical malpractice happens when a healthcare provider’s negligence causes harm to a patient. This can create physical, emotional, and financial stress.
If you’ve been harmed by a doctor’s mistake, you may be considering legal action. Keep in mind that there’s a deadline for filing a lawsuit, called the statute of limitations. These time limits are designed to ensure fairness and prevent old claims from resurfacing when evidence might be lost or unreliable.
In California, these laws can be complex. This article will explain the statute of limitations for medical malpractice in California, including exceptions and special considerations that might affect your case.
The core statute of limitations for medical malpractice in California
In California, there’s a strict time limit for filing a medical malpractice lawsuit. If you miss the deadline, you could lose your right to sue forever.
One year or three years: the general rule
In general, you must file a medical malpractice claim within one year of discovering the injury or within three years from the date of the injury, whichever comes first. This is spelled out in California’s Code of Civil Procedure 340.5.
To be clear, you have to meet both conditions: the one-year discovery rule and the three-year injury rule.
The “discovery rule”: when should you have known?
The one-year clock starts ticking when you knew, or when you should have known, about the injury. That is, when should you have realized that a medical error had occurred?
This can be a gray area. The statute of limitations may turn on when you first suspected that a healthcare provider made a mistake in your care.
Exceptions to the Statute of Limitations
There are a few situations in which California courts may allow a medical malpractice case to move forward even if the usual statute of limitations has passed.
Fraud and Intentional Concealment
If a doctor or other healthcare provider knows they’ve made a mistake and actively tries to hide it from you, the clock may stop running on the statute of limitations. You’ll have to be able to offer proof of that fraud, though.
Foreign Objects Left in the Body
This exception comes up fairly often in medical malpractice cases. If a surgeon leaves a sponge or another object inside your body during a procedure, the statute of limitations may be paused until you discover the object.
Importance of Legal Counsel
Trying to figure out whether any of these exceptions apply to your situation can be tricky, so it’s wise to talk with an experienced attorney who can evaluate your case and advise you on the best course of action.
Statute of limitations for minors
The statute of limitations rules are a little different if the injured person is a minor.
General rule for minors
For children age 6 and older, the statute of limitations is generally three years from the date the doctor made the mistake.
Special rule for children under six
For children under age 6, the statute of limitations clock doesn’t start running until the child turns 8 years old or 3 years from the date of the injury, whichever is longer.
This rule gives young children extra protection, since they may not be able to recognize or report medical negligence.
The 90-Day Notice Requirement
In California, you can’t just file a medical malpractice lawsuit right away. You have to let the healthcare provider know you’re planning to sue at least 90 days before you actually do it. This gives them a chance to look into what happened and maybe even try to settle things before a lawsuit becomes necessary.
If you don’t give them that 90-day heads-up, it can mess up your case later on.
Wrongful Death Claims
If medical malpractice results in a patient’s death, the family may have grounds for a wrongful death claim. It’s important to note that the statute of limitations for wrongful death is different from the one for medical malpractice.
In California, you generally have two years from the date of death to file a wrongful death lawsuit. This timeline is separate from the rules about medical malpractice suits, so it’s crucial to understand both if you think negligence led to a loved one’s passing.
Do I need a lawyer?
You don’t have to hire a lawyer, but it will make your life a lot easier. Medical malpractice cases are complicated. You’ll probably need expert testimony to prove your case.
Most medical malpractice attorneys work on contingency. That means they only get paid if you win. The contingency fee is usually between 15% and 25% of your settlement. That’s lower than the 33% to 40% charged for other types of personal injury cases.
It’s important to find an attorney who knows medical terminology and has experience with malpractice cases.
Key Takeaways
The statute of limitations in California medical malpractice cases is complex, but it’s vital to understand it. To protect your rights, you must act quickly. If you believe you’ve been injured by a healthcare provider’s negligence, you should consult with a qualified medical malpractice attorney as soon as possible.