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.

Medical malpractice claims generally must be brought within three years from the date of occurrence or within one year after the discovery of the alleged negligent act or omission, whichever is later, but not later than eight years from the date of the occurrence. An action for wrongful death must be commenced within three years from the date of death. When the malpractice case involves a foreign object left in the body, fraud or intentional concealment, the limitation period is tolled. If a claimant is a minor, mentally incompetent or imprisoned at the time the cause of action accrues; the limitation period is tolled until the disability is removed.

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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