Medical Malpractice: What’s the Statute of Limitations for Filing an Action?
In general, individuals who believe that they have been exposed to medical misconduct of some sort such that they sustained an injury will have three years from the date of the injury to file a medical malpractice lawsuit. However, as any Los Angeles medical malpractice lawyer can tell you, in cases where the medical malpractice action is based on the existence of a foreign object that is later found inside the injured party’s body, the statute of limitations doesn’t begin until he or she realizes (or should have reasonably realized) that the object was there.
Things You Need to Keep in Mind
- The statute of limitations for medical malpractice is applicable to those individuals who are six years old and up; however, in cases where there are minors involved who are younger than six, they will be given the option of filing a medical malpractice action either within three years of the injury or prior to his or her eighth birthday, whichever period is longer.
- A Los Angeles medical malpractice lawyer will also tell you that the state of California allows and enforces arbitration contracts with respect to malpractice claims.
- Additionally, a doctor must be provided with at least a 90-day notice of your intention to file a malpractice lawsuit against him or her.
Accordingly, if you have been subjected to medical malpractice, you should seek the services of a Los Angeles medical malpractice lawyer as soon as possible after learning of your injuries. An attorney will know what needs to be done next in your case and he or she will make sure that the statute of limitations does not lapse so that you don’t lose your rights. Call Samer Habbas at 888-848-5084 for a free consultation and learn what your options are today.