The laws governing the statute of limitations for filing a medical malpractice case are in place so that there won’t be an unfinished legal matter hanging indefinitely over someone’s head. These laws allow the people involved in such cases to be able to move on with their lives.
In California, the statute of limitations for a medical malpractice lawsuit is one year after the plaintiff learns about the alleged malpractice or three years after the injury occurred — whichever occurs first. This doesn’t mean that your medical malpractice suit must be finished within this time, only that it must be filed within this timeframe.
Medical malpractice lawsuits are often complex and they do take a long time to complete in most cases. Many of these cases will settle before going to trial, and nearly all of them will require the testimony of at least one expert witness. Most attorneys for the plaintiffs work on contingency. This means that they do not charge you for attorney fees unless they win your case.
At Ball & Evans and Ball & Evans, we have extensive litigation experience in medical malpractice cases, such as those dealing with medication errors, surgical errors or nursing errors. Let us review the circumstances of your case and we will be able to provide the legal options that are available based on that information.
When doctors or other medical professionals cause you harm, they should be held accountable. A civil lawsuit for medical malpractice can seek compensation for medical expenses, pain and suffering, loss of enjoyment of life, lost wages and more; however, it must be filed before the statute of limitations runs out.