Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
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.
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?