California Statute of Limitations for Medical Malpractice
An action for injury or death against a health care provider based upon professional negligence must commence within three years after the date of injury, or one year after the plaintiff discovers or should have discovered the injury. The time may be extended or tolled upon proof of: (1) fraud; (2) intentional concealment; and (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured plaintiff.
However, if the medical provider is a governmental entity or employee, such as a county facility or an employee of a state-run university hospital, notice must be given to the proper governmental entity within six months of discovery of the injury, pursuant to Cal. Gov. Code §910.
The Plaintiff must serve a Notice of Intent to Sue on all defendants at least 90 days before commencement of a medical malpractice action in California purusant to California Code of Civil Procedure Section 364.
If you or a loved on has a California Medical Malpractice Case, please contact us anytime at 714-423-6928.
Scott Hughes is a Personal Injury Attorney in Orange County, California handling Medical Malpractice cases in State and Federal Court.