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 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 generally must be brought within one year from the date the cause of action accrues. The cause of action accrues when the claimant discovers the injury or reasonably should have discovered the injury, or when the physicianpatient relationship for that condition terminates. No action may be brought more than six years after the alleged wrongful act, but if the injury is discovered in the last year of the sixyear period, the action may be brought within one year of discovery. When a claimant is a minor, of unsound mind, or imprisoned the limitation period is tolled until the disability is removed.
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?