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 these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Notwithstanding the above, a medical malpractice action generally must be commenced within one year after the claimant discovers the injury. No action may be brought more than three years after the date of the alleged malpractice, unless the action involves a foreign object. If, at the time the cause of action accrues, the claimant is under the age of eighteen years or is of unsound mind, the claimant may bring an action within one year following the removal of the disability.

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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