FB California Statute of Limitations for Birth Injuries, Medical Malpractice

Free Consultation

877-262-9767

We are dedicated and compassionate

BIRTH INJURY ATTORNEYS

Get Help Today

California

Image of California

SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years

SOL for Medical Malpractice Claims (Parental Claims): 1 year

SOL for Wrongful Death Claims: 1 year

California Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

8 years: Cal Code Civ Proc § 340.5: Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant’s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.

California Statute of Limitations for Medical Malpractice Claims (Parental Claims)

1 year: Cal Code Civ Proc § 340.5: the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.

California Medical Malpractice Claim Caps

Cal Code Civ Proc § 3333.2: $250,000 limit for noneconomic damages.

California Statute of Limitations for Wrongful Death Claims

1 year: Cal Code Civ Proc § 340.5: In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.

California Wrongful Death Claim Caps

Cal Code Civ Proc § 3333.2: $250,000 limit for noneconomic damages.


The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

OK

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

OK CANCEL
Real Time Web Analytics