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 example, if a claim is not presented to the state or its political subdivisions within 90 days of the incident, the claimant`s damages are reduced by 10 percent and no claim may be brought after one year from the date of injury. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Generally an action for injury or death against any physician, health care provider or hospital arising out of patient care, must be brought within two years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the alleged injury. Wrongful death actions accrue at the time of death. For medical malpractice cases, claimants under the age of twelve and incompetents must bring an action within seven years of the date the injury was inflicted. Claimants twelve years of age or older and incompetents who are subsequently adjudged competent must bring an action within one year from reaching the age of majority or after the adjudication of competency, but not less than two years from the date of injury.

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.

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