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 example, prior to suing a public entity, a claimant must provide written notice of the claim within two years from the time the cause of action accrued. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Any medical malpractice action for injury or death must be brought within three years from the date when a plaintiff learns or reasonably should have learned that he has been harmed as a result of the defendant`s negligence. In no event, however, may a medical malpractice action be brought more than seven years following the alleged wrongful act, except where the action is based on a foreign object being left in the body. The statute of limitations for minors is the same as that for adults, except that a claim accruing on behalf of a child under six can always be brought before the child`s ninth birthday.

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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