Medical malpractice cases are challenging under any circumstances, but they become even more complex when the error isn’t discovered until years after the original treatment. Many patients assume that too much time has passed to take legal action. However, under California law, you may still be eligible to file a medical malpractice claim, depending on when and how the injury was discovered.
Understanding the deadlines that apply is crucial. Missing the statutory filing window could permanently prevent you from recovering compensation—even if your injury was caused by apparent medical negligence. Below, we break down the legal timeline, your rights, and what to do if you believe a delayed medical error harmed you.
Understanding California’s Medical Malpractice Statute of Limitations
In California, the statute of limitations for medical malpractice is governed by California Code of Civil Procedure §340.5. The rule is what’s often referred to as a “discovery statute,” meaning the timeline depends on when the injury was discovered or reasonably should have been discovered.
There are two main deadlines:
1. Three-Year Deadline From the Date of Injury
You cannot file a medical malpractice lawsuit more than three years from the date the malpractice occurred, regardless of when you found out—unless an exception applies. This is considered the “absolute maximum” window.
2. One-Year Deadline From Discovery
If you discover the error later, you generally have one year from the date you knew—or should have known—about the injury to file your claim.
For example, if a surgical sponge was left inside your body but you didn’t experience symptoms until two years later, the one-year discovery rule may allow you to take action even though years have passed.
Are There Any Exceptions?
Yes. California allows limited exceptions that may extend the timeline:
Fraud or intentional concealment
If a healthcare provider knowingly hid the error, the deadline may be extended.
Foreign objects left inside the body
If an object, such as a surgical instrument or sponge, is discovered later, the one-year discovery window applies, and the three-year limit may not bar the claim.
Minors
Children typically have three years from the date of injury or until their 8th birthday—whichever is later.
These exceptions can be complex to prove, so consulting with an attorney early is crucial.
Why Delayed Discovery Cases Require Immediate Action
Even if you believe you are within the legal timeline, waiting can jeopardize your case. Evidence disappears, medical records are lost, and witnesses’ memories fade.
A medical malpractice attorney can:
- Review medical records to determine when the error occurred
- Obtain expert medical opinions to support your claim
- Calculate your damages, including future treatment and long-term impact
- Ensure your case is filed within the legal deadline
Delayed discovery cases are still winnable—but only if handled quickly and properly.
What to Do If You Suspect a Past Medical Error
If you have recently learned that a doctor, hospital, or medical provider may have caused harm years ago, you should:
- Request your full medical records immediately
- Write down when and how you discovered the error
- Avoid speaking directly with insurers or the hospital
- Contact an experienced medical malpractice attorney right away
Even if you are unsure whether you still have time to file, a legal review may reveal that you still have valid grounds to pursue a claim.
California Medical Malpractice Lawyer
At Peterson Injury Law, we understand the devastating impact of learning that a trusted medical provider caused preventable harm. With decades of experience handling complex medical malpractice claims—including those involving delayed discovery—we provide compassionate guidance and aggressive legal advocacy from day one. There are strict deadlines in California. Contact us today at (415) 630-2913 to get started.
.2512090831137.jpg)
.2511161953487.jpg)