When is a general negligence claim in California actually a medical negligence claim and thus subject to a different statute of limitations? When a plaintiff in California sustains an injury because of another party’s negligence, California law generally provides a two-year statute of limitations, which means that the injured plaintiff has two years from the date of the injury to file a lawsuit. For instance, car accident cases, premises liability cases, and truck accident claims typically all must be brought within two years from the date of the injury. However, the statute of limitations is different for a medical negligence claim, which has a one-year statute of limitations.
According to a recent article in the Northern California Record, a California Supreme Court decision could have far-reaching effects on certain negligence claims that plaintiffs seek to bring in the state. In short, the court emphasized that any personal injuries that are “integrally related” to medical care are subject to the medical negligence statute of limitations. What does this mean for future plaintiffs? To better understand, we should explore recent case law in more detail.
Supreme Court Limits Plaintiff’s Ability to File Lawsuit