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We are a San Diego personal injury law firm with a strong business dispute litigation department. We specialize in personal injury, wrongful death, eminent domain, condemnation, construction defects, medical malpractice and other ar…

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Medical Malpractice Blog Post

Myth: San Diego Medical Malpractice Victims Always Have Three Years to File a Claim

The truth is, you may have significantly less time than you think to file a medical malpractice lawsuit. If you believe you are the victim of medical malpractice, the clock is ticking. If a claim is filed after the statute of limitations has expired, and your time to file was not legally extended for any reason allowed under the law, you have no recourse. The statute of limitations can be an absolute defense to your claim, regardless of the merit of your case and how deserving you are of compensation.

Three years may be the standard statute of limitation, but this varies based on the circumstances of the case. Under California’s Code of Civil Procedure, the statute of limitations in a medical negligence lawsuit is one year from the time the injury should reasonably have been discovered, or three years from the date of treatment.

Immediately after a medical malpractice lawsuit has been filed, defendants commonly file a motion to dismiss the case based on any defenses they have available to them. The defendant can argue that a patient knew or should have known about an injury soon after a procedure. If this point is won, the statute of limitations applicable in the case may be drastically shorter than three years and may prove fatal to a plaintiff’s claims.

To protect your rights, it is important to act quickly. There is no downside in reaching out, since experienced San Diego medical malpractice attorneys usually provide free consultations to evaluate cases.

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Thorsnes Bartolotta McGuire
2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA