Statue of limitations in California?

It's three years, or one year from the time the patient discovers the injury, whichever is sooner. There are some exceptions which don't appear to apply in your friend's case.

Keep in mind that malpractice means that the doctor negligently performed the surgery, or failed to follow acceptable medical standards, which led to the injury. An unsatisfactory result is not malpractice.

A person should never ever make a decision on the tolling of the statute of limitations themselves, they should ALWAYS consult an attorney. Only an attorney can determine whether she is within the statute of limitations based on the individual facts of her case.

She can probably get a free or low cost consultation with an attorney who specializes in medical malpractice. She should do that right away. People forget that attorneys need time to become familiar with the facts of the case, review records, and draft documents for filing, and usually have many other cases to deal with. This is not something you should take care of for your friend. It is kind of you, but you may be doing her a disservice.

Some of the answers here are close. The statute of limitations for most misdemeanors in California, including petty theft, is one year. (Penal Code section 802.) The prosecution must be commenced within that period. A misdemeanor prosecution is commenced either when a misdemeanor complaint is filed (which includes filing a citation in lieu of a complaint), or a warrant is issued. (Penal Code section 804.) Your asking about a bench warrant suggests that both have happened in this case. I am aware that some judges have attempted to clean up very old (i.e., 10 or more years old) case files by recalling the warrants and closing the files, and prosecutors have challenged this. I do not believe there has been any final resolution of the issue. It is best to presume that any warrant will remain outstanding until the defendant appears in court.

The stautory SOL for medical Malpractice in California is 2 years (MedMal, Neg, PL, WD) CCP §335.1 and can be found HERE: http://www.leginfo.ca.gov/cgi-bin/displaycode?sect...

FOR MAISEY:

SHE DID get an opinion from an attorney. Why do you think I gave her the legal citations to consult?

I would consult a medical malpractice attorney if you are serious about going forward. Why didn't she tell the doctor about her pain? In most cases, the doctor is willing to do anything to correct the error.