Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
Notwithstanding the above, medical malpractice claims must be brought within two years from the date the cause of action accrues. When the malpractice case involves a foreign object left in the body and in cases of fraud or concealment, the limitation period is extended to one year from the date of discovery of the object or injury. The extension is subject to a tenyear limit from the time the cause of action accrued. If a claimant is under the age of eight, the action must be brought by the child`s tenth birthday unless the discovery provision applies. The statute is tolled for claimants who are incapacitated with no guardian appointed.
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?