Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
For medical malpractice claims brought against qualified providers (those who participate in the state sponsored excess insurance plan), an action for personal injuries or wrongful death must be brought within three years from the date when the alleged malpractice occurred. A minor under the age of six has until his ninth birthday to bring an action for medical malpractice. For those providers who do not participate in the state`s excess insurance plan, the three year general personal injury statute of limitation applies, which runs from the date the claimant knew or should have known of the injury and is tolled for minors and persons who are mentally incompetent.
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?
- How Can I Determine How Much My Claim Is Worth?