What is the statute of limitations for filing a medical device injury lawsuit?

In California, the statute of limitations for filing a medical device injury lawsuit is two years from the date the injury was discovered or should have been discovered. However, the statute of limitations is extended to three years from the date of the injury if the injury was caused by a defect in a medical device. In California, the statute of limitations for medical device injury is different from other personal injury or tort laws. In most personal injury and tort laws, the two-year window for filing a lawsuit begins when the injury first happened. In medical device injury cases, the two-year window begins when the injury is discovered, or should have been discovered. This allows patients to seek legal recourse even if they did not realize they were injured until months or years after the incident. In California, the statute of limitations can also be extended to three years if the injury was caused by a defect in a medical device. This allows for more time to seek legal redress for medical device injury cases. It is important to remember that the statute of limitations can vary from state to state, and it is important to contact an experienced medical device injury attorney to discuss the specifics of your case. An experienced attorney can help you determine the applicable statute of limitations in your specific case.

Related FAQs

What is the role of the judge in a medical device injury case?
How can a medical device injury be prevented?
What is the statute of limitations for filing a medical device injury claim?
What types of medical devices are most likely to cause injury?
What kinds of expert testimony are relevant to a medical device injury case?
What types of legal remedies are available for victims of medical device injury?
What are the typical defense strategies used in medical device injury cases?
How do I find an experienced medical device injury lawyer?
What is the difference between product liability and medical device injury cases?
How do I know if a medical device injury was caused by manufacturer negligence?

Related Blog Posts

Understanding Your Rights When You Are Harmed by a Medical Device - July 31, 2023
Common Types of Medical Device Injury Lawsuits - August 7, 2023
Recommendations for Finding a Qualified Medical Device Injury Lawyer - August 14, 2023
The Role of the FDA in Medical Device Injury Law - August 21, 2023
Defining Negligence in Medical Device Injury Claims - August 28, 2023