Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A medical malpractice action generally must be brought within two years from the date of injury or from the date of discovery, but never more than six years from the date of injury. Wrongful death actions alleging malpractice must be commenced within two years from the date of death. The limitation periods are tolled for persons who are under the age of 18, insane or imprisoned at the time of accrual of the cause of action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging malpractice, the extension of the limitation due to infancy is limited to twelve years. Suits against political subdivisions must be brought within three years from accrual of the cause of action.
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?