QUESTION
If the doctor punctured my mom’s stomach, how long after her death do I have to sue for the lost of a loved one?
Asked on Feb 16th, 2014 on Personal Injury - California
16 ANSWERS
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Feb 21st, 2014 at 5:25 AM
Normally one year for medical malpractice. See a malpractice attorney ASAP to find out if you have a case and whether it is worth economically pursuing.
Answered on Feb 21st, 2014 at 5:25 AM
4 Awards
The general rule is two years. Please accept my condolences.
Answered on Feb 20th, 2014 at 5:48 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You do not have much time. Even though the statute of limitations for a wrongful death is 2 years, and for a medical malpractice 30 months. You will need to obtain authority from the Surrogate as the legal representative of your mother's estate. And it takes time. If the malpractice occurred in a municipal hospital, a notice of claim against the hospital has to be filed within 90 days. And, in any legal action, the more time passes the harder it becomes to find and preserve evidence and witnesses. So, even though you feel the need to stand aside from all of this and simply give yourself time to grieve, it is a luxury you cannot afford easily. Find an attorney who would take the case, get the ball rolling. Then you can have time for grief and healing.
Answered on Feb 19th, 2014 at 11:13 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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If the doctor's negligence caused her death, I would not wait more than two years to file a lawsuit. It is possible that three years is the correct amount, but why take the chance this answer is based on the fact that the statute of limitations for filing wrongful death is three years and for health care provider malpractice is two years.
Answered on Feb 19th, 2014 at 11:10 PM
James Eugene Hasser
In Alabama, 2 years from the date of death, presuming the death was caused by the malpractice.
Answered on Feb 19th, 2014 at 11:10 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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In Ohio there is a 1 year statute of limitations on medical malpractice cases. I would recommend contacting an attorney as soon as possible.
Answered on Feb 19th, 2014 at 11:02 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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You would have one year from the date that you knew or should have known that malpractice was committed, but no more than three years from the date of the actual malpractice to file in Louisiana.
Answered on Feb 18th, 2014 at 5:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends upon the state would you are in but generally it is a very short time, commonly two years or less.
Answered on Feb 18th, 2014 at 5:07 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Three (3) years is the statute of limitations. However most malpractice attorneys will want at least 18-24 months to research the case before filing suit.
Answered on Feb 18th, 2014 at 5:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Two years, but only "survivors" can bring claims in medical malpractice, and if your mom was married and you're over the age of 25, you're not a survivor. You'd best see a good medical malpractice attorney.
Answered on Feb 18th, 2014 at 5:06 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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In Washington State the statute of limitations is 3 years. In other states, the limitations period may vary.
Answered on Feb 18th, 2014 at 5:06 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY it's two years.
Answered on Feb 18th, 2014 at 5:06 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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One year wrongful death statute if it is not a public entity.
Answered on Feb 18th, 2014 at 5:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The statute of limitation in Idaho is 2 years from the date of the injury.
Answered on Feb 18th, 2014 at 5:06 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Medical malpractice is one year.
Answered on Feb 18th, 2014 at 5:05 PM