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.

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

Search LawInfo's Medical Malpractice Resources