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 example, written notice of claims against the state must be submitted within two years after the cause of action accrues. Notice of claims against political subdivisions must be presented within one year and suits commenced within two years of accrual of the cause of action. 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 must be brought within two years after the alleged wrongful act or within one year after the claimant discovered or reasonably should have discovered the wrongful act, but never more than ten years after the wrongful act. If the claimant is under the age of 21 or suffering from a mental disorder, the limitation period does not begin to run until the disability is lifted. If the malpractice resulted in death, the two­year wrongful death statute of limitation applies.

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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