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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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3 and 1/2 years ago i had a triple by pass.the nurses put

Customer Question

3 and 1/2 years ago i had a triple by pass.the nurses put the leg compressor on me and over fill them causing. two wounds, one below the left toe ,and one below the small toe. the one under the big toe opened up ti quarter size,... both have been treated for 3 1/2 years i contacted a lawyer and he mention that California, theirs a one year statue of limitation. could this be able to be pursued for the lengthy time. i have lost my business, and much, much more, i do have all pictures and records since day on would you have a lawyer . thank you, ***** *****
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

I am very sorry to learn of this situation.

Unfortunately the information that you received from the attorneys you have already contacted is correct. CA has a very aggressive statute of limitations for medical professionals/medical malpractice claims that bars claims that are brought more than one year after the plaintiff knows, or reasonably should have known, that a claim exists.

Keep in mind, the rule is that a "claim" exists - not necessarily knowing who exactly is responsible, or the extent of the injuries, this makes things much more challenging in a situation such as yours when you are acutely aware of the pressure sores on your legs for a period of greater than 3 years.

You can still report the facilities and professionals to their respective governing boards (there are a couple of different agencies that oversee hospitals in CA, so you will want to check the hospital that you were treated at and see who their governing agency is - it is almost always listed on their website). This can result in administrative action against the facility, but unfortunately it will not result in any compensation for you.

I do wish that I had a different answer for you as it appears that you have been very severely injured and disadvantaged economically by this matter, but the statute of limitations defense is very strong and the defendants would likely prevail in the very early stages (we call it the "pleading stage") of the action, which is why the attorneys you spoke to would not accept your case.

Again, I am very sorry.