The California Court of Appeals recently released an opinion affirming a lower court’s decision to dismiss a lawsuit filed against an ambulance company and hospital by a man who was injured while under the care of the defendants. The appellate court agreed with the district court’s finding that the claim was subject to the one-year statute of limitations for medical malpractice claims and was time-barred by the statute of limitations.
The Plaintiff’s Injuries Resulted in a Personal Injury Lawsuit
The plaintiff in Nava v. Saddleback was dropped from a gurney while being transported into the hospital from an ambulance and suffered from broken bones and severe pain as a result of his fall. He contacted an attorney and filed a personal injury and negligence lawsuit against the defendants 23 months after the fall occurred. The defendants asked the court to dismiss the case, arguing that the plaintiff’s claim was for medical malpractice and needed to be filed less than one year after the plaintiff was injured under the state’s statute of limitations for medical malpractice cases. The district court agreed with the defendants and entered judgment in their favor, and the plaintiff appealed.
The Court of Appeals Defines the Claim as One of Medical Malpractice
On appeal, the high court accepted the ruling of the district court, noting that any personal injury claim “related to” medical care that alleges the professional negligence of a health care provider is subject to the shorter, one-year statute of limitations. Since the plaintiff was receiving professional medical care from the defendants when his injuries occurred, the court ruled that his case was time-barred because the one-year statute of limitations applied. As a result of the recent appellate ruling, the plaintiff will not receive compensation for his injuries.
Florida Statute of Limitations for Medical Malpractice and Personal Injury Claims
The statute of limitations in Florida for medical malpractice claims is two years from the date that the plaintiff discovered the alleged act of negligence, although under no circumstances can a claim be filed over seven years from an act of malpractice. Florida personal injury and negligence claims are subject to a four-year statute of limitations. Florida malpractice or negligence victims must ensure that their claims are filed correctly and within the statute of limitations to preserve their right to relief.
South Florida Medical Malpractice Attorney
If you or a loved one has been injured or killed by an act of medical malpractice or other negligent behavior, the skilled Miami malpractice and personal injury attorneys at the law firm of Friedman, Rodman & Frank can advise you on how and when your case must be filed to meet the state’s procedural requirements. An effective South Florida medical malpractice attorney can ensure that you are able to seek damages for your claim. Schedule a free consultation to review your case with a South Florida accident attorney as quickly as possible. We have attorneys standing by ready to represent victims of negligence and medical malpractice in the Miami area and throughout most of Florida. Contact us at 877-448-8585 or use our web-based form to schedule a meeting today.
More Blog Posts:
State Supreme Court Refuses to Enforce Arbitration Clause Against Young Injury Victim, South Florida Personal Injury Lawyers Blog, published November 3, 2016.
Appellate Court Rejects $885,000 Verdict Against Educational Institution in Auto-Pedestrian Accident Case, South Florida Personal Injury Lawyers Blog, published October 19, 2016.