What is the statute of limitations for a plaintiff who alleges medical malpractice?

California, United States of America


The following excerpt is from Steingart v. White, 198 Cal.App.3d 406, 243 Cal.Rptr. 678 (Cal. App. 1988):

Thus, section 340.5 presents two time bars within which a plaintiff claiming medical malpractice must file a complaint: within one year after said plaintiff discovers, or should have discovered, the injury and within three years after the injury, unless one of the three enumerated exceptions applies. (Hills v. Aronsohn (1984) 152 Cal.App.3d 753, 758, 199 Cal.Rptr. 816.)

[198 Cal.App.3d 413] 3. Injury to commence the statute of limitations means damaging effect of the wrongful act.

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