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Medical Malpractice Case Dismissed Due to Statute of Limitations

A California appeals court dismissed a claim of medical malpractice. The original filing alleged that a wire was left in a patient’s body. The claim was officially dismissed by the court on January 24, 2017. The dismissal came after a 2-to-1 decision in the Court of Appeal of the State of California 5th Appellate District.

According to documents, a man underwent a surgery to remove a kidney stone. The surgeon named in the suit allegedly left a guide wire behind. The patient was notified the day of his surgery that the wire was left in his body. The man underwent a second surgery to remove the wire, and ultimately had to undergo a third procedure to remove his kidney.

The original surgery and date of notification was in July 2012. The man did not file his lawsuit until July 2013, a point that justices say was after the one-year statute of limitations had expired.

The man’s attorneys said that because the man had to undergo subsequent procedures to remedy the mistake, the statute of limitations should have been extended. Justices did not agree. The California Statute of Limitations gives a patient one year from the discovery of the error to file their suit. Because the patient in this case had to undergo a second and third procedure had no bearing on his having been notified of the mistake immediately after it occurred.

If you or a loved one has been injured due to a medical professional’s error or negligence, you have rights. Just like in this case, a statute of limitations does apply in New York. Call our office for a free case evaluation to determine if you have a case and if you are within the timeline for filing suit. We will review your case and advise you of your legal options.