Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. An action for personal injury or death arising out of medical negligence must be brought within two years from the date of injury. In the event of personal injury (not death), if the claimant could not, in the exercise of reasonable diligence, have discovered the injury during that two­year period, the claimant has three years from the date of injury to file a lawsuit. A minor under the age of six has until the latter of the two­year time limit or by the child`s sixth birthday.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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