How Long Do I Have to Sue a Doctor for Injuries after Surgery?

surgical negligence
You trust health professionals to provide quality services to address your health problems through professional diagnoses, treatments, surgeries, and facilities for patients’ well-being.

However, what if you sustain injuries or ailments from a health provider’s negligence? For example, suppose they accidentally left a tool within your body during surgery.

Can you, in this case, use a health care specialist for medical error and claim compensation?

How long can you wait before filing a claim?

This post will answer these questions about filing a personal injury claim for medical malpractice.

What Is Medical Malpractice?

medical malpractice

Medical malpractice is an injury lawsuit you may file against a health care professional after sustaining injuries or ailments from their faulty service. In this lawsuit, you must prove:

  • You were the defendant’s patient, and they had a duty of care over you
  • The defendant committed a negligent action while providing medical services to you
  • The negligent act resulted in your injury or ailment
  • You incurred damages from the injuries like financial losses and further treatment expenses

For example, a surgeon left a surgical tool inside your body after the operation. It could be a life-threatening injury as the foreign object could trigger health complications.

Another example is when your physician didn’t thoroughly check your symptoms and provided incorrect medications. It puts your health at risk since taking the wrong medicines may cause adverse effects.

Statute of Limitation for Medical Malpractice


The statute of limitation is the deadline set by law when filing a lawsuit. Once the deadline expires, you can’t file a claim against a liable party anymore.

The statute of limitation for personal injury cases is generally two years from the accident that caused the injury. However, the deadline for medical error is three years from the incident or one year after discovering the injury, whichever comes first.

For example, suppose you took a faulty health care service in January 2021 and discovered a hidden injury in January 2022. It means you can only take legal actions until January 2023, despite the three-year deadline.

Following the example, suppose you discovered the injury in June 2023. You have only until January 2024 to file a claim as it comes before June 2024.

There’s an exception for cases of foreign objects left in a patient’s body from a surgical procedure. The deadline is still one year after discovering the injury, but the three-year limit doesn’t apply.

Immediately consult a Burbank personal injury lawyer to know the deadline that applies to your particular case

Compensations You May Claim from a Medical Malpractice Case

compensation claim

After sustaining injuries because of medical malpractice, you may claim the following compensation from a health care provider:

  • Treatment and restoration expenses
  • Pain and suffering
  • Lost income

If your loved one dies because of a medical error, you may also claim compensation for:

  • Death benefits
  • Funeral and burial expenses
  • Loss of companionship

On a side note, remember that you may also claim compensation from multiple liable parties in one medical malpractice case.

For example, you may take action against the surgeon and the surgical nurses if you sustained injuries from a surgical procedure. You may also use the hospital administration staff if they have failures managing the health care facility.

Consult a Personal Injury Attorney in Burbank to Handle a Medical Malpractice Case


Medical errors can bring debilitating or even life-threatening health consequences. It’s thus crucial to sue negligent health care providers to claim compensation and keep them from repeating the same mistake to other patients.

Hiring a Burbank personal injury lawyer can help you take legal action against these health experts and claim your deserved benefits.

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