What is the Statute of Limitations for Filing a Malpractice Claim?

Our legal staff at Teal Montgomery & Henderson want to make all our clients aware of the many important details surrounding malpractice litigation, such as time limits to file a claim and how to file a claim. Our clients are our number one priority and we want to make sure your claim is filed correctly.

In California, the law states that after a person sustains an injury from medical malpractice, there is a limited amount of time in which they may file a claim in court. After the expiration of this limited amount of time, the injured party will lose his or her right to file a lawsuit and collect any compensation for their injury.

California law requires that medical malpractice lawsuits be filed no more than three years from the date of injury. However, in most cases you will have only one year from the date you discovered or should have discovered the fact that you were injured as a result of medical negligence. If medical injury was caused to a child, there are other rules and time periods which may apply. As with most statutes, there are exceptions and legal interpretation of the statute of limitations which may make a significant difference in any particular case. Because this is a very complex area of the law, and the actual date on which you must file a lawsuit depends on several factors, it is crucial that you contact the medical malpractice attorneys at Teal Montgomery & Henderson when filing medical injury cases.

Anyone who feels there is a case to be litigated for medical malpractice should contact the qualified attorneys at Teal Montgomery & Henderson in order to receive an educated opinion and a clear explanation on what is necessary to move the matter forward in a timely manner. Our firm will help by determining the time line with regard to the statute of limitations and exceptions to the rules for filing court documents.

As soon as possible after your malpractice incident you should contact one of our experienced attorneys in Santa Rosa or Sacramento for a consultation to receive valuable information and an explanation of your rights within California law. Procrastination can result in the losing your right to file your medical malpractice claim. Please contact us toll-free and without obligation at 866-878-5267 or submit an email to us today.