I’m trying to understand if I may still have a viable case in California related to medical treatment I received while incarcerated.
In or around October 2010, while in CDCR custody, I began experiencing serious symptoms including loss of feeling in my legs, inability to urinate, and loss of bowel control while housed in segregation. My cellmate had to call a “man down,” and although staff eventually responded, I was not sent to an outside hospital at that time.
Instead, I was kept in the prison medical unit for approximately a week while my condition worsened. During that time, I repeatedly reported my symptoms, but I was not given emergency diagnostic care and was continued on medication. I was eventually transferred out to a hospital (Riverside area), where I required catheterization and later an MRI (after multiple delays due to equipment issues). I was then diagnosed with cauda equina syndrome and underwent emergency surgery.
I have had lasting nerve damage and loss of function since then.
At the time, I did not understand that the delay in treatment could have been medical negligence. I was incarcerated, dealing with the medical situation, and did not have knowledge or access to legal resources. I only later realized that the delay itself may have caused permanent harm.
My question is specifically about statute of limitations in California:
Would the discovery rule or equitable tolling potentially apply in a situation like this, where the injury happened years ago but the person did not understand it may have been negligence at the time?
I understand no one here is my lawyer—I’m just trying to get a general sense before reaching out to attorneys.
Location: California