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Free Birth Injury Consultation

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Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.

California

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years
  • SOL for Medical Malpractice Claims (Parental Claims): 1 years
  • SOL for Wrongful Death Claims: 1 years

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. Grant & Eisenhofer P.A 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.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.