Medical malpractice cases involving children in California are subject to unique legal timelines. If a child gets hurt because of a healthcare provider’s negligence, their parent or guardian might have more time to file a lawsuit than adults do. The medical malpractice statute of limitations for minor children in California is typically longer than adults, but it can vary. However, this time is still limited.
Understanding the statute of limitations is crucial, as missing a deadline can result in losing the right to sue altogether.
General Medical Malpractice Statute of Limitations in California
Under California law, medical malpractice claims are governed by California Code of Civil Procedure § 340.5.
In most cases, adult victims must file a lawsuit within:
- One year after discovering the injury, or
- Three years from the date of the injury, whichever comes first
This strict deadline ensures that cases are brought while evidence is fresh and relevant.
Extended Deadline for Minor Children
When the victim is a minor, the law provides additional time.
For most children under the age of 18, the statute of limitations is:
- Three years from the date of the alleged malpractice, or
- By the child’s 8th birthday, whichever is later
This means that if a child is injured at age two, their parents generally have until the child turns eight to file a claim. If the child is injured at age seven or older, the standard three-year deadline typically applies.
This exception allows families time to recognize and understand the long-term impact of a child’s injuries.
Special Rule for Injuries to Children Under Age 6
For children younger than six years old at the time of the injury, California law provides a more generous filing window. In this case, parents have until the child’s 8th birthday, regardless of when the injury occurred.
This provision gives parents extra time to assess developmental delays or complications that may not appear immediately after the incident.
Discovery Rule and Delayed Symptoms
In some cases, a child’s injury may not be immediately apparent. The discovery rule may apply if the injury is discovered later, such as during routine developmental screenings.
The discovery rule can toll (pause) the statute of limitations until:
- The injury is actually discovered, or
- It reasonably should have been discovered through due diligence
This is important for injuries from surgical mistakes, wrong diagnoses, or medication issues that show up later.
Exceptions and Tolling for Fraud or Concealment
The statute of limitations can be extended if a healthcare provider hides malpractice or commits fraud to avoid detection. In such cases, the clock may not begin to run until the malpractice is revealed.
Also, the timeline may be paused if a minor is legally incapacitated or under conservatorship. This depends on the specific situation.
Claims Against Public Healthcare Providers
Claims involving public hospitals or county clinics in California follow a different process. Under the California Government Claims Act, a written claim must be filed within six months of the injury or discovery of the injury.
If the government claim is rejected, the claimant has only six months from the rejection date to file a lawsuit. These strict rules make early legal consultation critical.
Contact the Santa Ana Medical Malpractice Lawyers at Robles Babaee Personal Injury Lawyers for Help Today
If your child has suffered harm from a medical provider, do not wait to seek legal guidance. Even though the statute of limitations is extended for minors, evidence may be lost or medical records altered if too much time passes.
Personal injury cases are complex at any level. Situations involving children often require skills and finesse that attorneys are skilled in. Speaking with a Santa Ana medical malpractice attorney early can help protect your child’s rights and preserve your chance at compensation. Contact Robles Babaee Personal Injury Lawyers for a free consultation today.
Robles Babaee, Personal Injury Lawyers
1851 E 1st St Suite 810, Santa Ana, CA 92705
(714) 263-3700