Understanding the Statute of Limitations

You need to consult an attorney to determine the statute of limitations for your dental malpractice case. The statute of limitations against a dentist in the state of California is set forth in California Code of Civil Procedure § 340.5.(Figure 4) In short, case law has interpreted Code of Civil Procedure § 340.5 as providing the patient with one (1) year to file a dental malpractice action from the date on which the patient knew or should have known of the dental injury and its negligent cause. Here are the questions this office will ask to determine your statute of limitations:

When is the last date you were in the negligent dentist's office for dental treatment?

Did you ever write any e-mails or letters to the negligent dentist or the dental office stating your anger or disappointment with the quality of the negligent dentist's dentistry? If so, what is the date of the communication? Your attorney will want a copy of this correspondence.

Did you sign a release of claims to receive a refund or a partial refund of the money you paid the negligent dentist for the negligent dentistry? Your attorney will want a copy of any signed "Release Of All Claims".

What is the date on which you were first seen in the dental office of the first treating dentist following the negligent dentist? On what date was this dentist first critical of the negligent dentist's dental work or failure to diagnose an existing condition?

90-Day Letter Of Intent To Sue:

California Code of Civil Procedure § 364 requires a "90-Day Letter of Intent To Sue" to be sent to a negligent dentist 90 days before the filing of the complaint for dental malpractice (Figure 5). You need to consult an attorney to determine your statute of limitations for your dental malpractice case and your lawyer will send your "90-Day Letter of Intent" to all potential defendants before your statute of limitations runs (Figure 6). If the "90-Day Letter of Intent" is sent to the negligent dentist(s) within 90 days of the running of the statute of limitations, it will extend the statute of limitations for an additional 90 days. If you are unable to retain an attorney before your statute of limitations runs, consult with a dental malpractice attorney who may be able to walk you through this procedure before your statute of limitations runs. The dental malpractice attorney will need the names of all negligent dentists treating you at the negligent dental office and the attorney will need to know the name of the dental office.