Northern California
Medical Malpractice Attorney

California’s Medical Malpractice Statute of Limitations for Minor Children

Medical malpractice lawsuits filed by (or on behalf of) a minor child in California must be filed within three years of the alleged malpractice, with the exception that lawsuits filed by (or on behalf of) a child under the age of six must be filed within three years of the alleged malpractice or prior to the child’s eighth birthday, whichever timeline provides a larger filing window. In situations of fraud, California makes an exemption for small children. The statute of limitations for any period during which the minor’s parent or guardian, the defendant’s insurer, or the health care provider committed fraud or collusion in connection with the failure to bring a medical malpractice action on the minor’s behalf will be tolled (meaning the “clock” will stop running temporarily). Exceptions That May Allow the Medical Malpractice Filing Deadline to Be Extended In the state of California, In California medical malpractice claims, there are a few circumstances that may halt (“toll”) the statute of limitations “clock,” including: when the health care provider’s deception or concealment effectively concealed the medical error, and where the case stemmed from the unintended placement of a foreign item in a patient (an instrument left behind after a surgical procedure, for example).