Medical Malpractice News

Statute Of Limitations For California Legal Malpractice

Summary Of Tentative Recommendation

Disputes over the proper interpretation of the statute of limitations for legal malpractice (Code Civ. Proc. § 340.6) are common. To reduce the number of disputes and improve the functioning of the statute, the Law Revision Commission
proposes to: Add a new tolling provision, which would apply when an attorney’s liability for malpractice may depend on the outcome of an underlying proceeding, such as a lawsuit that the attorney allegedly mishandled. Require the plaintiff, rather than the defendant attorney, to bear the burden of proof regarding when the plaintiff discovered, or through reasonable diligence should have discovered, the facts constituting the malpractice. Delete an unnecessary and confusing sentence pertaining to “an action based upon an instrument in writing, the effective date of which depends upon
some act or event of the future.”

Please contact us if anyone you know has suffered from debilitating injuries due to medical malpractice in Jacksonville.

	Did You Know?
	The areas where lawyers work. In general, the courtroom is the arena where lawyers spend most of their time. However, much time is spent outside the courtroom involving research and investigation.