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.

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.

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