Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
An action based on medical malpractice may be brought within the longer of two years from the date of the act or omission giving rise to the claim or six months from the date the claimant discovers or should have discovered the existence of the claim. In no instance may a medical malpractice claim be brought more than six years after the act or omission giving rise to the claim. The sixyear period is inapplicable if discovery of the claim was prevented by the fraudulent conduct of the health care provider or the injury involved the claimant`s reproductive system. If a claimant is insane at the time his medical malpractice action accrues, he is allowed one year after the disability is removed to file the action. A claimant less than eight years old may file any time before his tenth birthday, and a claimant less than thirteen years old whose claim involves damage to the reproductive system may file any time before his fifteenth 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.
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?
- How Can I Determine How Much My Claim Is Worth?