When a medical professional makes a mistake that causes harm to a patient, it is essential for the patient and their family members to have some way to recover compensation for their losses. Generally, the only way to recover compensation in these situations is to file a medical malpractice lawsuit in civil court. Here, we want to discuss the timelines associated with filing these claims and why it is so important to speak to an attorney soon after you discover an injury or illness caused by the actions of a medical provider.
Every state is allowed to set specific timelines for how long individuals have to file lawsuits against others. For medical malpractice claims, the statute of limitations in California is worded a bit differently than the typical personal injury statute of limitations.
In this state, the deadline for filing medical malpractice claims against another party is usually one of the following:
It is crucial for individuals who believe they have been injured due to the negligent actions of a medical provider or medical facility to reach out to an attorney as soon as possible. A medical malpractice lawyer can examine the facts of your case and help determine the best steps moving forward. They will get to work on filing your claim so that you do not miss any deadlines.
There are a few exceptions written into California law that allow the medical malpractice statute of limitations to be paused (or tolled). These exceptions include the following:
Under California law, individuals are required to give healthcare providers at least 90 days’ notice before they file a medical malpractice action against them. The notice should include the legal basis for their claim, the type of loss or losses sustained, and specific information about the nature of the injuries. This notice can be served within 90 days from the statute of limitations expiring, and doing so would extend the statute of limitations by 90 days from when the notice is served.