Statute of Limitations in California for Nursing Malpractice
- Professional malpractice of any type occurs when a professional fails to meet the standard of care in her profession, and this failure causes harm. Nursing malpractice, a form of medical malpractice, occurs when the professional who fails to perform competently is a nurse.
- Even when a victim has a valid civil claim, the courts have historically viewed it as unfair to allow that victim to bring a claim long after the fact. Statutes of limitations, one response to this perceived unfairness, are rules that set time limits within which victims must bring certain types of legal claims.
- Nursing malpractice claims are subject to a statute of limitations in California. Nursing malpractice claims, like malpractice claims by other medical professionals, must be brought within 3 years of the date of injury, or 1 year from the date when the malpractice was discovered, whichever comes first.
- When the malpractice is based on a foreign object, such as a sponge left in a person's body, the 3-year statute of limitations runs from the date on which the object is, or should have been, discovered. If the defendant takes steps to conceal the presence of the foreign object from the victim, the statute of limitations is tolled, or suspended, during that period.
- When the victim of nursing malpractice is under age 6, the victim will have 3 years from the date of the malpractice in which to file a claim, regardless of the date of discovery -- although the statute can be tolled by fraud, collusion or concealment. This 3-year period expires, however, when the victim turns 8 years old. In addition, some courts have held that the 3-year period for minors does not begin to run until the date of discovery.
What is Nursing Malpractice?
What is a Statute of Limitations?
Limitation Periods for Nursing Malpractice
Exception for Foreign Objects
Exception for Child Victims
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