Statute of Limitations
- 2 years with Discovery Rule. (Code of Civil Procedure, §335.1)
- Medical malpractice – 3 years from date of injury or 1 year from date of discovery, whichever occurs first, except for foreign objects where SOL runs from when object is or should have been discovered. Minors under six have 3 years or until to age eight, whichever is longer, to bring an action. Actions may be tolled for minors where parent or guardian and defendant’s insurer or health care provider committed fraud or collusion in failure to bring an action on behalf of the injured minor. (Code of Civil Procedure, §340.5)
- 2 year SOL in elder abuse cases.
Damages Cap
- $250,000 cap on non-economic damages. Economic damages (lost earnings, medical care, rehabilitation costs) are not limited by statute. Damage awards for future loss are capped at $50,000. (California Civil Code - §3333.2; California Code of Civil Procedure, §667.7)
- Punitive damages (California Civil Code §3294(a))
Statute of Limitations
- 2 years; Exception: Death from medical malpractice (3 years). (Code of Civil Procedure, §335.1; Code of Civil Procedure, §340.5)
Damages Cap
- $250,000 cap on non-economic damages. Economic damages (lost earnings, medical care, rehabilitation costs) are not limited by statute. Damage awards for future loss are capped at $50,000. (California Civil Code, §3333.2; California Code of Civil Procedure, §667.7)
- Punitive damages – (California Civil Code, §3294(a))
- California Department of Health Services
- Department of Social Services – Adult Protective Services
- Department on Aging
- Long-Term Care Ombudsman Program
- Elder Abuse and Dependent Adult Abuse Civil Protection Act – (California Welfare & Institutions Code §§ 15630-15632)
- Protective Placement and Custody of Endangered Adults – (California Welfare & Institutions Code § 15700)
- Elder Death Team – (California Penal Code §§ 11174.4-11174.9)
- Mello-Granlund Older Californians Act
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
