Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.
Medical malpractice claims for injury or death must be brought within two years after the date of the injury or from the date when the injury becomes reasonably ascertainable to the injured person. In no event, however, shall any action be brought more than four years after the date on which the alleged wrongful act occurred. If a person entitled to bring an action is under the age of 18, incapacitated, or imprisoned, then he or she may bring the action within one year after the disability is removed, but no more than eight years after the time of the act giving rise to the cause of action.
Other Kansas Medical Malpractice FAQs
-
Q:
What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More -
Q:
How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More -
Q:
Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed … More -
Q:
Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Except for when an emergency exists, a doctor must obtain informed consent of the patient before rendering professional care and treatment. Informed consent means that … More -
Q:
How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More -
Q:
What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. You can recover your actual economic losses … More