As a patient, you trust your healthcare provider to give you the best possible care. However, there are times when medical professionals fail to meet their responsibilities, and you may suffer harm as a result. If you believe that you have been a victim of medical malpractice, you may be able to file a lawsuit against the responsible party. But before you do, it's important to understand the statute of limitation for medical malpractice cases.
What is the Statute of Limitation for Medical Malpractice?
The statute of limitation for medical malpractice is a law that sets a time limit for filing a lawsuit against a healthcare provider or facility for negligence or malpractice. In California, the statute of limitation for medical malpractice cases is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. However, there are exceptions to this rule, which we'll discuss below.
Exceptions to the Statute of Limitation
There are several exceptions to the statute of limitation for medical malpractice cases in California. These include:
- Minor children: If the victim of medical malpractice is a minor, the statute of limitation does not begin to run until the child turns 18 years old.
- Foreign objects: If a foreign object is left inside a patient's body during surgery, the statute of limitation does not begin to run until the object is discovered or should have been discovered.
- Fraud or intentional concealment: If the healthcare provider intentionally conceals or fraudulently hides the injury from the patient, the statute of limitation may be extended.
Why the Statute of Limitation is Important
The statute of limitation is important because it ensures that lawsuits are filed in a timely manner. Waiting too long to file a lawsuit can make it difficult to gather evidence and prove your case. Additionally, if you miss the deadline for filing a lawsuit, you may be barred from pursuing legal action altogether.
How The Gould Firm Can Help
If you believe that you have been a victim of medical malpractice, it's important to act quickly. The Gould Firm is here to help. Our experienced personal injury attorneys can guide you through the legal process and help you get the compensation you deserve. Contact us today to schedule a consultation.
In conclusion, understanding the statute of limitation for medical malpractice cases is crucial if you believe that you have been a victim of negligence or malpractice by a healthcare provider. Remember that the deadline for filing a lawsuit is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. If you need legal assistance, don't hesitate to contact The Gould Firm for help.