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 on which the claimant knew, or through the use of reasonable diligence should have known of the injury or death, whichever of the dates occurs first. In no event shall any action be brought more than six years after the date on which the alleged wrongful act occurred, unless a foreign object unintentionally left in the body caused the injury or death.

An action brought on behalf of a minor who was under the age of eight years when the alleged wrongful act occurred shall be commenced no later than the minor`s tenth birthday or as provided above, whichever is later. The times limited are extended in favor of persons with mental illness, so that they have one year from the termination of the disability within which to commence an action.

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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