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. The limitation periods may be tolled for minors, persons who are mentally incapacitated at the time the cause of action accrues, as well as in instances where the cause of action is fraudulently concealed, where the claimant is absent from the state or in prison. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

A medical malpractice action for personal injury generally must be commenced within two years form the date of occurrence of the wrongful act complained of. However, if the claim involves a foreign object left in the body, the claimant has two years from the date of the discovering the alleged negligence, but in no case can an action be brought more than ten years from the date of the alleged wrongful act. An action for wrongful death caused by medical malpractice must be brought within three years from the decedents death.

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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