The medical malpractice statute of limitations in California is very confusing. A medical claim generally begins to run within one year of the date of the discovery of the injury and its negligent cause. However no claim may be brought after three years of the date of the injury (with the exception of claims that involve children under the age of eight).
If you believe you have a claim and have a question as to the applicable statute of limitations, please contact Michael Dorshkind immediately.
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Welcome to the Law Offices of Michael I. Dorshkind blog!
Here you’ll find relevant news and updates with regard to personal injury, medical malpractice, wrongful death and other issues. Mr. Dorshkind is an attorney with over 30 years experience specializing in medical malpractice, serious injury, child injuries, car accidents, motorcycle accidents, personal injury, wrongful death, and other matters.
If you have any questions or comments, please feel free to contact our office.
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Claims brought against “Kaiser” generally include claims against the Kaiser Foundation Hospitals, the Kaiser Foundation Health Plan and the Permanente Medical Group. All considerations and concerns that attend medical malpractice claims in general also apply to claims against Kaiser and its subdivisions.
The single factor that generally distinguishes a claim against Kaiser from one against other health care providers is that all claims against Kaiser are arbitrated. Trial by judge or jury is precluded by the membership agreement.
An elaborate set of procedures is in place that controls the administration of a Kaiser claim including the selection of an arbitrator or arbitrators, the timing “milestones” that affect the claim and the conduct of the arbitration hearing.
California Code of Civil Procedure Section 340.5, which sets forth the limitations periods for bringing negligence claims against healthcare providers, also applies to claims against Kaiser.
A medical malpractice claim against Kaiser is generally commenced by written notice to the Medical-Legal Department and the payment of $150.00 to the Kaiser Arbitration Account.
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