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 plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event no more than six years after the date of the alleged act or omission causing the injury or death. This six­year time limitation is tolled for any period during which the negligent party has failed to disclose any act, error or omission upon which the action is based and which is known to the party. Lawsuits on behalf of minors must be commenced within six years from the date of the wrongful act, unless the child is under the age of ten, in which case the action need only be commenced within six years from the date of injury or by the child`s tenth birthday, whichever is later. The statute also allows the time limitation to be tolled during any period when the child`s injury could not have been discovered through the use of reasonable diligence. With respect to claimants who are insane or imprisoned, the statutory time does not begin to run until the disability is removed.

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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