medical malpractice stature of limitation for calif.if a lawyer drops your case, do time start over again?

Answer 1

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.

Answer 2

(sigh) once back, in case you pick tort reform then have your state legislature enact it. keep it on the state aspect the position it will be. it really is disingenous that you'll ***** about each and every thing Obama does, extremely well being care, as a authorities takeover and then ask for nationwide tort reform. The AMA? effective resource, he he he. In regard to the efficacy of tort reform. coverage wide Wellpoint has suggested protecting drugs is in hassle-free words 2% of all well being care expenditures. Admittedly, if the pie is enormous adequate then 2% should be plenty in spite of the indisputable fact that it really is nowhere close to the known concentration. States with malpractice limits have not considered decreased well being care expenditures yet they have considered decreased malpractice coverage charges (AMA conflict of interest?). finally, a jury of comrades hears information and aspects an award. Why no longer believe them? It shouldn't take too lengthy to imagine of a state of affairs in which $250k (the easy tort reform reduce) would not compensate someone for the discomfort and suffering led to by a well being practitioner's negligence. If an award is thoroughly out of line with the information, the decide ought to shrink the award.

Answer 3

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.

Answer 4

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

Answer 5

no