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WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 3006
Experience:  Experienced business lawyer.
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Dear WiseOwl - I have drafted the civil suit complaint against

Resolved Question:

Dear WiseOwl - I have drafted the civil suit complaint against Dr. Fraga, who made an unethical child custody recommendation without ever having met me or my daughter.

What is the statute of limitations for medical malpractice lawsuits?
Submitted: 3 years ago.
Category: Business Law
Expert:  WiseOwl58 replied 3 years ago.
Your answer is found in:
California Code of Civil Procedure Section 340.5

In an action for injury or death against a health care
provider based upon such person's alleged professional negligence,
the time for the commencement of action shall be three years after
the date of injury or one year after the plaintiff discovers, or
through the use of reasonable diligence should have discovered, the
injury, whichever occurs first. In no event shall the time for
commencement of legal action exceed three years unless tolled for any
of the following:

(1) upon proof of fraud, (2) intentional
concealment, or (3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of the
injured person. Actions by a minor shall be commenced within three
years from the date of the alleged wrongful act except that actions
by a minor under the full age of six years shall be commenced within
three years or prior to his eighth birthday whichever provides a
longer period. Such time limitation shall be tolled for minors for
any period during which parent or guardian and defendant's insurer or
health care provider have committed fraud or collusion in the
failure to bring an action on behalf of the injured minor for
professional negligence.

For the purposes of this section:

(1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act, or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code; and any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
includes the legal representatives of a health care provider;

(2) "Professional negligence" means a negligent act or omission to
act by a health care provider in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death, provided that such services are within the
scope of services for which the provider is licensed and which are
not within any restriction imposed by the licensing agency or
licensed hospital.
Customer: replied 3 years ago.
Hi WiseOwl, thank you for your expertise! I am shocked to recently discover that the psychologist who made the unethical declaration that caused me to lose legal and physical custody for months (without ever having met me) has been convicted of crimes of moral turpitude, as determined by the State licensing Board of Psychology. He is a three time convicted felon who makes money testifying on behalf of murder suspects around the SF Bay Area.
I found this out from a SF Chronicle blog that covered the case of convicted murderer Hans Reiser in 2008.

I would think opposing counsel should have been aware of this criminal history of the psychologist, before he filed a declaration that resulted in my daughter and myself suffering great emotional and financial harm. Can I make the attorney a party to the civil case? Are there specific codes/laws this attorney has violated in using this unethical declaration that I can cite in my civil suit?
Expert:  WiseOwl58 replied 3 years ago.
I would suggest you go through these attorney ethical standards, as set forth by the California State Bar, and determine which of these would apply to the attorney who used this despicable psychologist to harm you in such an unfair way:

You should also get in touch with the Chronicle reporter who wrote about this psychologist and suggest a follow up piece. The reporter may also have additional information that could help you in your case. The Chronicle reporters usually respond to email that you send them, in my experience.
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 3006
Experience: Experienced business lawyer.
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