Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
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.
Additional Medical Malpractice Articles
- What Happens If I Am Injured In The Course Of Medical Treatment?
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?