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

Yes, there is and that time limit is referred to as the statute of limitations. In Wisconsin, medical malpractice actions for personal injury or death must be filed within three years from the date of injury. The statute provides that an action can be brought within one year of the date of discovery of the injury, with a maximum limit of five years from the date of the negligent act. If a health care provider conceals from a patient a prior act or omission, which resulted in injury, an action must be commenced within one year from the date the patient discovered the concealment or should have discovered the concealment. When a foreign object has been left in a patient`s body, an action must be commenced within one year of the date of discovery or when a reasonable person should have discovered the foreign object. When an action is brought on behalf of a minor it must be brought under the above guidelines or by the time the minor reaches ten years of age, whichever is later. For a claimant who is disabled due to insanity, suit may be filed within two years of the disability being lifted, but no more than five years from the date of the negligent act. In an action against a state employee, the state must be notified of a possible suit within 180 days after discovery of the injury.

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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