The Association of American Medical Colleges (AAMC) research states that sepsis is the third leading cause of death in U.S. hospitals. While most healthcare providers work diligently to prevent sepsis, critical missteps by some can lead to this life-threatening condition and, in some cases, amount to medical malpractice. If you or a loved one developed sepsis as a result of medical negligence, you may have grounds to file a lawsuit. It is crucial to speak with an expert medical malpractice attorney as soon as possible. In California, the statute of limitations allows only a limited window of time to file a claim. Acting quickly can make a significant difference in your ability to pursue maximum compensation for the physical, emotional, and financial harm caused by sepsis.
At Bostwick & Associates, our attorneys have extensive experience handling complex medical malpractice claims, including those involving sepsis. This post will guide you through what you need to know about California’s statute of limitations and help you confidently take the next steps with your case.
California’s Statute of Limitations in Medical Malpractice Cases
California's statute of limitations for medical malpractice cases is found in the California Code of Civil Procedure section 340.5, this civil code states that all medical malpractice cases must be brought to a court "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, or within three years of the date of the injury, whichever comes first.”
In cases like this, it is essential to understand the discovery rule. It accounts for situations where the harm isn’t immediately apparent, which is common in sepsis cases, where symptoms may develop or worsen over time. The rule allows up to one year from when the patient knew or reasonably should have known that medical negligence caused the injury.
Exceptions to be aware of:
- Minors usually have until the age of 8 or within three years of the injury, whichever is longer.
- Wrongful death cases must typically be filed within two years of the person’s passing.
- Rare cases involving fraud, concealment, or retained surgical objects may also qualify for extended deadlines.
Given these nuances, speaking with a medical malpractice attorney early can make all the difference. The team at Bostwick & Associates can help you understand which timeline applies and protect your right to seek justice.
The Importance of Acting Quickly In a Sepsis Case
When it comes to building a strong legal case, timing is everything. The sooner you contact a lawyer, the better your chances are of preserving vital evidence, such as medical records, lab reports, and expert witness testimony. Reasons why filing early can strengthen your case:
- Evidence is easier to access and verify
- Witnesses' memories are clearer
- Attorneys have more time to build a compelling case
Waiting too long can have serious consequences. If the statute of limitations expires, you may lose your right to file a lawsuit, no matter how clear the evidence of negligence may be. Even if you are uncertain about the validity of your case, speaking with an attorney early gives you the best chance to explore your options and protect your right to seek justice.
Discuss Your Case With A Medical Malpractice Lawyer Today
If you believe that a medical provider’s negligence led to you or a loved one developing sepsis, don’t delay in seeking legal help. California’s strict deadlines mean that your window to take legal action may be closing quickly.
At Bostwick & Associates, we’ve recovered record-breaking verdicts and settlements for victims of medical malpractice across California, including a $9.75 million settlement for a 25-year-old woman who had both hands and legs amputated after providers failed to diagnose and treat her sepsis and administered excessive medication. We know what it takes to win tough cases, and we’re here to help you every step of the way.
Contact us for a free case consultation, and let us help you move forward.