What is the California statute of limitations for medical malpractice?

[werner72]

Section 340.5 of the Code of Civil Procedures states that an action must be commenced within 3 years of the injury or 1 year of when a person reasonably should have or did discover the injury, whichever is first, unless "(1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person." Further, if the injured party was a minor, they have 3 years or if under 6 at the time of injury, until 8 or three years, whichever is longer. This limitation does not begin if the parents and/or insurer commit fraud or collude to fail to bring an action on the minor's behalf.

[hyun-su]

I beleive it is one year...I know this because I once called about my deceased husband and some medications he was taking. But you can take the most popular answer and my feelings won't be hurt.

[delton]

You have one year from the date you discover the wrongful act, but up to three years after the actual injury and/or death occurred. That is, say you have an operation today and two years from now you discover that your injuries may have been the result of malpractice. You have one year from that point (when you discovered the injury) to bring forth a malpractice claim, but no more than 3 years from the time of the operation.

Please see: http://www.mcandl.com/california.html.

Hope this helps.