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I have read that the statute of limitations for the filing

of a medical malpractice suit...
I have read that the statute of limitations for the filing of a medical malpractice suit in California is one year with a notice of intent 90 days prior. I have also read that the suit can be filed within 3 years of the time that the injury was discovered. If I had a horrific surgery on, 10-17-16, and negligence and abandonment by the surgeon in Ca, but only months later discovered that I was getting worse and had to be operated on again by another surgeon at Vanderbilt to try and correct some of the damages caused by the CA surgeon, would that change the time of the filing deadline? sorry to be so wordy. Please advise. Thank you very much. Of note, I reside in Alabama, but again the malpractice occurred in CA.
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Answered in 8 hours by:
10/13/2017
WiseOwl58
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 3,871
Experience: Senior Associate at White & Case LLP
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California’s statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5, which states that this kind of case must be brought “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first.

In other words, in California, once you learn that you were harmed by a health care provider’s negligence, you need to get your lawsuit filed in the state’s civil court system within a year of that discovery. And if you don’t discover that you were harmed until after more than three years have passed since the negligent act occurred, you will have lost your right to file a medical malpractice lawsuit in California.

One exception to this overall three-year deadline is cases where a foreign object -- such as a medical instrument or a surgical sponge -- was left in the patient’s body. In those kinds of cases, the one year discovery deadline still applies, but there is no overall time limit. So, you could bring this kind of case ten years or more after the surgical error occurred, as long as you file it within a year after you find out about the presence of the foreign object.

Finally, it's important to take note of one more procedural hoop that California medical malpractice plaintiffs must jump through: California Code of Civil Procedure section 364 entitles the defendant healthcare provider to at least 90 days' notice of a patient's intent to file a medical malpractice lawsuit.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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Customer reply replied 1 month ago
Thank you very much for your assistance. I wrote the defendants notice of intent to sue. I believe that I had to give them 90 days notice. Being really pressed for time, I had to scratch through some parts of the typed letters with a pen and write in the correct information. Just one or 2 sentences. Was that acceptable? Will that negate my letters? I have read that it would not, but I need your expert information. Thank you very much.

What you wrote should be fine. The scratch through should not negate the letters and is perfectly acceptable.

Now, please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

WiseOwl58
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 3,871
Experience: Senior Associate at White & Case LLP
Verified
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Customer reply replied 1 month ago
Thank you very much for your excellent assistance. I can't find the area where to tip. Please advise.
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Category: Business Law
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