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  1. #1
    Join Date
    Sep 2005
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    Turlock
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    1

    Default California Statue of Limitations

    I was in a car accident 8 years ago and broke my pelvis in two places. At the time of the accident, it was explained to me that I had broke one bone on each side of my pelvis and that they were clean breaks and surgery would not be necessary. I was in the hospital for 2½ weeks and in a wheel chair for 3 months. Since then I have suffered from frequent headaches, neckaches and problems with my back and dismissed it just as that until last week when a went to see a chiropractor and she took x-rays. My hips and pelvis are extremely crooked and one pelvic ring is considerably larger than the other. I didn't really understand how this happened because I figured that I had one bone on each side of the pelvic rings keeping the broken bones together. I obtained the x-rays from the time of the accident and was astonished to see that I actually had broke both bones on the pelvic ring on the right side (and was anything but a clean break) and suffered no breaks to left side. I also learned that they could have placed screws in the bones and I would have been able to walk in a week but instead I was stuck in a wheel chair for 3 months while my pelvis was fusing together crooked. Futher more at the time of the accident I specifically asked my doctor if I would still be able to have kids and he said that this would not be a problem only to learn 8 years later that I will never be able to have kids do to the hips & pelvis being twisted.
    I am in shock and extremley upset. I heard that the statue of limitations is 7 years. It will be 8 years in October. I did not know that the pain in my back was being caused from the hips, but now that I do what can I do, if anything?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Medical Malpractice in California

    In California, medical malpractice actions must be commenced within 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older. For medical malpractice actions involving minors below the age of six, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.

    If you believe you have suffered medical malpractice, you should consult a lawyer in your state to see if you still have a viable claim. Given the passage of time, you should do this expeditiously.

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