Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
In the case of medical malpractice, the statute of limitation was changed in 1999 from two years to four years from accrual of the cause of action. The date on which the fouryear period commences can vary depending on the circumstances of the case. If the malpractice resulted in a wrongful death, the limitation period is three years from the date of death or four years from the malpractice, whichever occurs first. The limitation period is tolled during a claimant`s insanity. When the claimant is a minor, an action must be commenced within seven years from the date of occurrence, or one year after the claimant reaches the age of majority.
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?