California Code of Procedure Section 340.5 sets forth the statute of limitations for dental and medical malpractice cases and provides a two-pronged limitations period. Section 340.5 requires that you file suit no later than one (1) year from the date the patient knew or reasonably suspected that the defendant doctor improperly or negligently treated or advised the patient.
Section 340.5 also provides an outside limitations period, requiring suit to be filed no later than three (3) years after first manifestation of injury, regardless of whether the patient was aware or suspicious that the injury was caused by the defendant doctor's treatment. Both the one-year and three-year periods must be satisfied for the suit to be timely filed.
Section 340.5 also provides an outside limitations period, requiring suit to be filed no later than three (3) years after first manifestation of injury, regardless of whether the patient was aware or suspicious that the injury was caused by the defendant doctor's treatment. Both the one-year and three-year periods must be satisfied for the suit to be timely filed.
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