California's statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5, which states that this kind of case must be brought "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury," or within three years of the date of the injury, whichever comes first.
California's statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5, which states that this kind of case must be brought "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury," or within three years of the date of the injury, whichever comes first.
CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )
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. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (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. 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.
我在加州，2017年做了一个手术，手术不大，但是术后慢慢出现了后遗症，这个后遗症是慢慢出现的，最近两年开始明显，今年开始严重。看了一个别的医生，医生说以前的手术医生是解决了一个问题但是制造了一个新的问题。回想起来既心痛又后悔，当时的医生完全没有交代后遗症副作用之类，自己也是完全相信医生要做就做吧，到今天每天都很抑郁，想跟以前的医生打官司，又不知从何做起。时间已经过去了四年半，不知道打官司是不是过了时限，还有，告医生怎么告呢？我很生气他当时直说需要手术，完全没有解释手术怎么做，有没有后遗症副作用之类的，对病人信息不透明不完全。谢谢大家。
California's statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5, which states that this kind of case must be brought "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury," or within three years of the date of the injury, whichever comes first.
2017+3 = 2020.
California's statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5, which states that this kind of case must be brought "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury," or within three years of the date of the injury, whichever comes first.
CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )
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. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (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. 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.
1: 因为医生的疏忽和不负责任导致不良后果
2: 不良后果对患者的身体或者精神造成伤害
3: 有一定时间性
手术并发症，药物副作用都是可能发生的后果，而不是医生疏忽和不负责任造成的。
但是时间已经过去了四年半， 是不是过了追诉期？
他们有各种保护条例，后遗症不是医疗事故，很多治疗或手术都有后遗症，这事你必须找专业律师，不过要有思想准备，一旦输了，就是一大笔的你的和对方律师费等你
the exceptions. 比如说医生明知手术会有后遺症但沒有解释给病人。根据你的描述，我个人认为这是件lack of informed consent case. S/L 是大问题。
业律師 decides whether there is a case or not.
有严重的后遗症，而且是持续终有的，医生也没说，手术冶疗前医生都会让你签一大堆文件，那里面有后遗症问题，有些是不可做详细说明的，每个人的不同，关健是你不做这个手术和治疗、会面临更严重的危及生命生命的后果，你要告就多谘询几个律师，有些律师只想要赚钱，接沒把握的案子，后遗症不是医疗事故，赢的机会很小