In California, I know the statute of limitations for medical malpractice is 1 year from the date of discovery of injury. I also know that the doctor must be notified 3 months in advance of the filing of the lawsuit.
What happens if the plaintiff finds a lawyer 2 months before the statute of limitations runs? How can they give 3 months notice to the doctor, and still file within 1 year?
whitefangz1
I can't find any mention in the statutes of notifying the doctor in advance of the lawsuit. My sources say that you have three years from the date of the injury or one year from the date of discovery, whichever comes first. notifying the doctor in advance of an impending lawsuit doesn't serve any purpose. I'd recommend you stick to worrying about filing the lawsuit in a timely manner rather than delaying it for the doctor's benefit.
GreatFish
They will likely be unable to file the claim. They should have presented notice to the doctor, even if they didn't have a lawyer yet.
Orignal From: Question about statute of limitations for medical malpractice lawsuits in California?
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