Is there an SOL for this type of case?
A State Health Nurse altered the test results of my PPD/TB test to read zero reaction after 48 hours and I have a scar and a photograph of my forearm showing a huge 10mm+ reaction. Along with a +chest x-ray. Only because it would have led to an uproar about how I (15 yr old virgin) caught TB disease? in the first place, and it would have uncovered an earlier crime that was committed by Child Services and covered up. One lie leads to another lie type situation.
Nathan’s Answer
This matter hinges on tolling the SOL if you were under the age of majority when the injury occurred. Tolling if applicable will affect each of the generic information below:
If you are suing for tort (personal injury) to yourself, California Code of Civil Procedure section 335.1 applies. You have 2 years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
If you are alleging medical malpractice, you have 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date under California Code of Civil Procedure section 340.5.
If you are suing a government agency or office, you must file an administrative claim with the government entity before your matter can ever see the light of day in court.
For a personal injury matter, you must file your administrative claim within 6 months of the date of the injury under Government Code section 911.2.
After you file your claim, the government has 45 days to respond. Government Code section 912.4.
If the government agency denies your claim during the 45 days, you have 6 months to file in court from date the denial was mailed or personally delivered to you. Government Code sections 912.4, 912.6.
If the government does not respond to your claim during the 45 days, you have 2 years from the date the incident occurred to file in court. Government Code section 945.6 (a)(2).
Whether you are suing for personal injury, medical malpractice and especially if you are suing the government, these deadlines are extremely critical.
Your applicable SOL/s on this case are made more complicated by the fact that you are or were a minor at the time the incident occurred. An assessment needs to be performed to calculate the exact SOL/s.
Also, there seems to be a much deeper story that needs to be evaluated as there may have been an alleged pattern of misconduct by government. Please contact a qualified administrative law, personal injury law and/or health care law attorney to consult with you regarding your options.
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