Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
An action for medical malpractice must be commenced within two years from the date the injury is first discovered or in the exercise if reasonable care should have been discovered; however, no action may be brought more than five years from the date of treatment. The limitation periods are tolled for persons who are under the age of 18 or insane 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, nor shall it be extended longer than one year after the disability is lifted. A wrongful death action must be commenced within three years after the injury causing the death is discovered.
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?