medical malpractice stature of limitation for calif.if a lawyer drops your case, do time start over again?
Public Comments
- no
- No, time doesn't start all over again, and the lawyer dropping your case must have informed you about the statute of limitations, otherwise he has committed gross malpractice.
- the statute of limitations time frame and accountability differs with the types medical conditions ie. tort case, sole complaintant, etc. go to link 4 complete answer http://www.mcandl.com/california.html#I
- Nope. In California (assuming this was for you, an adult), medical malpractice actions must be filed within one year from the date that you knew, or should have known, of the injury or three years from the date of the actual injury, whichever occurs first. If your attorney dropped the ball, you now have an action against your attorney for wrongful acts or omissions. The statute of limitations to file a suit against your attorney is within one year after you discovered, or should have discovered, the wrongful act or omission or four years from the date of the wrongful act or omission, whichever occurs first. If you failed to pay your attorney or didn't respond to his correspondences regarding deadlines, those would be failures on your part and your attorney would not be at fault. Request your file, you have a right to all of the contents in your file. You paid for all of the work in it; it's yours.
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