Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A medical malpractice action for personal injury or wrongful death must be brought within four years after the date of injury or two years from the date the injury was or should have been discovered. Claims by a parent or guardian on behalf of a minor are governed by the above limitations. However, when a minor suffers brain damage or birth defects, the period is extended until the minor reaches the age of ten and a claim for sterility may be brought within two years from the child discovering the injury. The limitation period is tolled for claimants who are mentally incapacitated or minor wards of the state.
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?