Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
An action for medical malpractice generally must be brought within three years from the date of the last act giving rise to the cause of action or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act giving rise to the cause of action. Cases involving a foreign object left in the body must be brought within one year form the date of discovery, but no longer than ten years from the date of occurrence. Wrongful death actions must be commenced within the above time frames or within two years from death, whichever is shorter. The limitation periods are tolled for minority or insanity.
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?