Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
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.
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?