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Law Offices of John P. Rosenberg

Q
How long do I have to file a medical malpractice claim in California?

A

The statute of limitations for filing a medical malpractice claim in California is not completely cut-and-dried. There are certain rules you need to know about, and ways that various situations can impact how much time you have.

In California, if you are bringing a medical malpractice claim against a health care provider, you have one year from the date you knew or should have known about the injury, or you have three years from the date of injury—whichever is the earlier date. Also, if you have spoken to your attorney and it is decided that you are going to sue a health care provider, you must give them 90 days' notice before filing.

If a child is the victim of the medical malpractice, the rules are slightly different. Actions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child's eighth birthday—whichever provides the longer time period.

In situations where a hospital is owned or operated by a county or local administrative agency, the amount of time you have can be a lot less. So although you have a little bit of time, it's best not to wait once you discover the injury or health problem.

Your first consultation with the Law Offices of John P. Rosenberg is completely free, so it's really in your best interest to get a professional's opinion immediately, even if you don't end up having a valid medical malpractice case.

Call 818-716-6400 today for a free consultation with a Los Angeles medical malpractice attorney. Every day you wait may limit your chances for a successful recovery.