How long do medical malpractice victims have to file suit?

Each year, an alarming number of people are injured or even lose their lives because of medical professional negligence. Sometimes, those who are hurt by a negligent doctor decide to take legal action to receive compensation for what they have been through and try to move on with their lives. In San Bernardino, and across the state of California, it is vital for medical malpractice victims to hold negligent physicians and medical professionals accountable. However, victims should be aware of the time limits that are in place for filing suit.

According to the Judicial Branch of California, a majority of lawsuits need to be filed within a particular time frame, known as the statute of limitations. The deadlines vary depending on the details surrounding a case, but there are specific time limits in place for those who wish to take legal action against health care providers because of an injury caused by a medical professional's mistake. In California, plaintiffs in medical malpractice cases have one year from the date they recognized (or should have discovered) an injury or three years after the date an injury occurred (whichever date is the earliest). Furthermore, individuals who wish to file suit against health care providers are required to notify the provider at least 90 days in advance.

If you are trying to recover from an injury caused by medical negligence and are considering legal action, you should do everything in your ability to become familiar with the legal process. This material is not a substitute for legal counsel.

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