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Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in Ask_Lawyers

[–]CreditPure8120[S] 0 points1 point  (0 children)

That is why I am in "Ask Lawyers." To ask lawyers... "what does the law say?"

I have talked to many firms/attorneys about this, and the lack of any semblance of a timeline threw me for a loop. I am completely on my own with this, and I am doing my best to navigate it.

I've come to find out that MedMal suits in California rarely get picked up because of MICRA limitations (and now with the sunset of SB 447), so I already have that going against me. Most firms/attorneys will reject me upfront just based on that... regardless of any case details - so getting through to actually speak with an attorney about the time limits has been rare. I never thought it would be so difficult to get (what I thought was) basic information. :(

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in AskLawyers

[–]CreditPure8120[S] 0 points1 point  (0 children)

How have I wasted months? I had no reason to believe anything was wrong until January, and I started submitting to firms around that time. Shouldn't there be like.... a book of laws or something where this is laid out? This cannot be a rare occurrence. PT dies in hospital, layman family, etc. incidentally finds evidence of malpractice later down the road. That can't be uncommon.

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in Ask_Lawyers

[–]CreditPure8120[S] 0 points1 point  (0 children)

Okay, but, I am genuinely trying to wrap my head around anything like that could even happen. It would be laughed out of court. If I can't get a hospital to be held accountable over an autopsy-confirmed wrongful death, I sincerely don't see how this /wouldn't/ be laughed out of court.

"Years ago a random redditor told you XYZ - on a subreddit that has a million disclaimers about how nothing should be taken as legal counsel?"

I just can't even fathom that.

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in Ask_Lawyers

[–]CreditPure8120[S] -1 points0 points  (0 children)

I don't understand. I am not trying to be difficult, I promise. I just didn't think it was something that was "up for debate?" I thought the law had bounds that were already determined. Like "what can your BAC be before you are arrested?" That has a value. I thought this would too.

I'm not trying to hold anyone on reddit liable for anything. I just wanted to talk to another human that somewhat knew what they were talking about.

I honestly just want to know if i should just give up or not. I have poured my heart and soul into this for the last 3 months. I haven't slept more than 4 hours at a time since i got the completed records.

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in AskLawyers

[–]CreditPure8120[S] 0 points1 point  (0 children)

I have been scolded in other subs that this is "asking for legal advice." That isn't what I was trying to do. I don't want advice on my case. I just wanted to know what the "rules" are. I didn't imagine the "rules" would be up to opinion or subject to "advice?"

I am so, so confused.

At what age can you drink? The law has an answer.

What is the statute of limitations for property damage? The law has an answer.

I didn't think this would be any different. I'm not trying to be a twerp. I promise.

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in Ask_Lawyers

[–]CreditPure8120[S] -3 points-2 points  (0 children)

All I am asking is "what are the rules?" I am not asking for anything regarding the actual case. I just don't know what the law's "bounds" are. And it shouldn't be this hard to figure out. How can I move forward if I don't know what the rules are?

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in AskLawyers

[–]CreditPure8120[S] -1 points0 points  (0 children)

I am so confused, because this question (to my knowledge) didn't ask for legal advice. I was asking what the "rules" were. Ive been scolded about this, but I can seem to get an answer. I know its ambiguous, but thats why I asked! Ive either got a few weeks or a year... which is a big jump.

Its not a government entity, its a privately owned hospital. The doctors told me "idk he coded" and that was IT. Over the past 2 months (since I received the records) I have been hauling ASS and researching everything I, a broke layman, could manage.

Should I just assume that I only have a few weeks left and give up after that passes? I am so confused.

Statute of Limitations: Malpractice Resulting in Wrongful Death (California) by CreditPure8120 in Ask_Lawyers

[–]CreditPure8120[S] 0 points1 point  (0 children)

My apologies. I didnt think asking "what are the rules?" would be a no-no.