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

In California, the statute of limitations for filing a medical device injury claim is two years from the date of the injury. This deadline applies to most medical device injury claims, including those for product liability, negligence, or breach of warranty. However, there are some exceptions to this rule. For instance, if the medical device injury is caused by medical malpractice, the statute of limitations is only one year from the date of discovery or from the date the injury should have been discovered. In the case of minors, the statute of limitations begins to run on the minor’s 18th birthday. It is important to take into consideration the statute of limitations when considering a medical device injury claim because filing too late can result in the case being thrown out of court. Additionally, parties involved in a medical device injury dispute may be required to submit to mediation or other negotiations before the statute of limitations expires. It is also important to note that the statute of limitations for filing a medical device injury claim may vary between jurisdictions. It is best to consult with an experienced attorney in your area to ensure that your case is filed within the applicable statute of limitations.

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