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 example, local public entities must receive notice of a claim within six months of 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.

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.

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