confounding
New Member
- Jurisdiction
- California
Hi, I'm a little confused about the "letter of intent" for med-mal (medical malpractice) cases in CA. From several articles I've read, it appears that this letter actually *extends* the statute, rather than, in practice, shortens it. For example, if the harm occurred on July 1, 2024, I would, if I were a layman representing myself in pro se or an attorney practicing in another area and not familiar with medmal, assume I would need to send a "letter of intent" by April 1, 2024 if I am to interpret the law as stating that notice needs to be given prior to the claim being filed (and I don't see why, logically, this would affect the statute, which is, for most intents and purposes, 1 year in CA). But apparently, this is NOT the case:
"One of the more interesting aspects of California Code of Civil Procedure §364 is that the underlying statute of limitations for medical malpractice cases can be tolled by the submission of a §364 Notice. Generally speaking, California Code of Civil Procedure §340.5 states that the action for medical negligence must be brought within one (1) year after the plaintiff discovers, or through the use of reasonable diligence, should have discovered the injury. If a Code of Civil Procedure §364 Notice of Intent to sue is filed at an appropriate time, the one (1) year statute of limitations can be tolled for a period of time up to ninety (90) days. Should a plaintiff submit a §364 Notice of Intent to Sue within the ninety (90) day expiration of the one (1) year statute of limitation, the notice may serve to extend the applicable statute of limitations for a period of ninety (90) days from service of the notice. The timing of the filing of the § 364 Notice of Intent to Sue is critical should an effort be made to extend the statute of limitations." -https://www.heitingandirwin.com/notice-of-intent-to-sue-for-medical-negligence/
Several other articles state the same as above so it doesn't seem to be some kind of rogue / overly creative interpretation of the law.
Could a civil lawyer in CA please explain? I plan on getting an attorney, ofc, as this is out of my area, but I am running a bit close to the statute if indeed the letter needs to be sent 3 months *prior* to the statute deadline.
Thanks in advance for any help.
"One of the more interesting aspects of California Code of Civil Procedure §364 is that the underlying statute of limitations for medical malpractice cases can be tolled by the submission of a §364 Notice. Generally speaking, California Code of Civil Procedure §340.5 states that the action for medical negligence must be brought within one (1) year after the plaintiff discovers, or through the use of reasonable diligence, should have discovered the injury. If a Code of Civil Procedure §364 Notice of Intent to sue is filed at an appropriate time, the one (1) year statute of limitations can be tolled for a period of time up to ninety (90) days. Should a plaintiff submit a §364 Notice of Intent to Sue within the ninety (90) day expiration of the one (1) year statute of limitation, the notice may serve to extend the applicable statute of limitations for a period of ninety (90) days from service of the notice. The timing of the filing of the § 364 Notice of Intent to Sue is critical should an effort be made to extend the statute of limitations." -https://www.heitingandirwin.com/notice-of-intent-to-sue-for-medical-negligence/
Several other articles state the same as above so it doesn't seem to be some kind of rogue / overly creative interpretation of the law.
Could a civil lawyer in CA please explain? I plan on getting an attorney, ofc, as this is out of my area, but I am running a bit close to the statute if indeed the letter needs to be sent 3 months *prior* to the statute deadline.
Thanks in advance for any help.
