Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A medical malpractice action for injury or death must be filed within three years after the cause of action accrues. The statute states that the cause of action accrues on the date of the act or omission giving rise to the injury. However, in the case of a foreign object being left in the body, the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm. Actions for medical malpractice by a minor must be commenced within six years after the cause of action accrues or within three years after the minor reaches the age of majority, whichever occurs first. If a claimant is incompetent, the action does not accrue until the disability has been lifted.
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
- 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?