Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A medical malpractice action for injury or death must be commenced within two years form the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered. If at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the claimant is six years of age or younger, an action may be brought within two years of the child`s sixth birthday or two years after the child`s death, whichever occurs first. If the action accrues while the child does not have a parent or legal guardian, the statute of limitations is tolled until the child has such parent or legal guardian, or until the claimant reaches the age of majority, whichever occurs first. If a claimant is of unsound mind at the time the cause of action accrues, the limitation period is tolled until two years after the disability is removed.
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?