What is the statute of limitations on medical malpractice claims?

In California, the statute of limitations on medical malpractice claims is up to three years from the date of injury or one year from the date of discovering or reasonably discovering, the injury caused by the alleged malpractice. This is known as the “one year/three year rule.” However, the details of this rule are complex and vary depending on the case. If a minor is injured, the statute of limitations would be three years from the date of injury or three years from the date of their 18th birthday—whichever is longer. Similarly, if the malpractice was continuous or intermittent over a period of time, the statute of limitations would begin from the last act of malpractice. In addition, California also has a “statute of repose” for medical malpractice cases. This is different from the statute of limitations, as it establishes a fixed point in time, after which a plaintiff cannot file a lawsuit. In California, the statute of repose is set at three years from the date of injury, regardless of when the plaintiff discovers the injury. The statutes of limitations and repose are important for medical malpractice claims in California because the court will dismiss a case if the claim is filed after the applicable time limit has expired. Therefore, it is best to seek legal counsel as soon as possible if you believe you are the victim of medical malpractice.

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What is the statute of limitations on medical malpractice claims?

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