Statute of limitations

[JPG]

I am being sued for professional negligence, psychotherapist sexual contact [civil code section 43.93], and intentional infliction of emotional distress.

What is the statute of limitations of these charges? Therapy was terminated October, 1994. She filed a complaint with the licensing board March, 1997, however, the latest that she could allege not thinking she was injured would be in November, 1996.

I am suing her for slander and libel (and I am well within the statute of limitations). Her suit is a cross-complaint, filed in June of this year.

If the statute of limitations is 1 year and 3 years, I do not understand why her attorney allows her to go through the motions of suing. Am I missing something?

 

[I AM ALWAYS LIABLE]

My response:

You have not stated the month and day of when the alleged injury occurred - only the year, so the SOL cannot be calculated. We would need complete start dates, and the alleged date of the patient's realization that something was wrong, and the filing date of the complaint (cross-complaint).

I presume you have E & O insurance. If that is the case, and if your beliefs concerning the SOL are correct, your attorneys will either file a demurrer, or if for some reason things concerning the SOL are "hazy", then your attorneys will take the patient's deposition and find out the actual dates from the patient.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited July 01, 2000).]

 

[JPG]

Last date she can allege injury: 10/12/96
Latest date she can use as date she discovered injury: 3/14/97

My attorney has filed a demurrer. I cannot understand why a reputable attorney would take a case that will be barred by the Statute of Limitations. The above dates are absolute. There is no haziness unless they are suing me under a code which is not covered by the malpractice limitations of actions, or personal injury. I just don’t understand why this action is being filed.

 

[lars coltrane]

There are many nuances in this area - you have to read the statute and the cases to figure out the limitations period. Also, sometimes a cross-complaint "relates back" to the original filing date in essence extending the statute period. Maybe the cross-complaint is being filed simply in response to your own lawsuit - the best defense is a good offense.

Since you have a lawyer, I suggest that you discuss all these issues with your own lawyer. He/she is in the best position to give you advice.