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Anyone know what the statute of limitations is on medical malpractice

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Ladyhawk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-08-05 12:26 AM
Original message
Anyone know what the statute of limitations is on medical malpractice
in California? I'm thinking about backing up a complaint with threat of suit. Of course, I can't afford to sue anyone, but mentioning my non-existent lawyer seems to open doors and make people nervous. :)

Jesus, I hate doing that, but otherwise I just end up with doors slammed in my face. Sometimes it's the only way to get results.
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-08-05 12:41 AM
Response to Original message
1. not a lawyer but according to the websites I googled
it's

"3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first, for a maximum of four years. If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older."

I snipped that from this page: http://www.expertlaw.com/library/limitations_by_state/California.html
but several others agreed.
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Wapsie B Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-08-05 12:43 AM
Response to Original message
2. You just have to stand your ground.
It is bad that a person has to threaten legal action but there's no incentive for them to deal with you otherwise.
I know this is a digression but people talk of the blue wall of silence with cops who don't rat out dirty cops. I think there's a white wall of silence with MD's/DO's.
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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-08-05 09:56 AM
Response to Original message
3. usually a year
by the way, you should be aware that threatening to sue when you do not intend to sue is a criminal offense called extortion

you should have an attorney and some evidence that you have filed a lawsuit or a complaint in the past to be safe from arrest or investigation for extortion

mentioning a non-existent lawyer worries me

most of the time, you'll get away with it, but you are committing a criminal offense

had a friend who went to prison for extortion

at least consult w. a lawyer, first consult is free and establishes that you are sincere in considering legal action, rather than just trying to extort $$$ w.out legal cause
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-08-05 09:58 AM
Response to Original message
4. Malpractice lawyers don't actually charge you.
They will take your case if they think it's winnable, and then get ~30 % of the money, assuming there are any money.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-08-05 10:29 AM
Response to Original message
5. In California it is one year and three months from the date of loss
But sometimes it's another way to get doors slammed in your face.


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