Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
Medical malpractice claims for personal injury must be brought within two years of the alleged wrongful act or within two years of discovery if the act was not reasonably discoverable within two years or was not discovered despite due diligence. Wrongful death actions must be commenced within two years after the date of death. If a claimant is a minor, he may bring an action until his eighth birthday. If the claimant is otherwise legally disabled, suit must be brought within one year from removal of the disability. In the case of minority or other legal disability, if the act is discovered during the second year of the twoyear limitation period, it is extended by six months.
Any action brought against a governmental entity must be presented to the entity in writing within two years after the cause of action arose or two years from the date the cause of action was or should reasonably have been discovered. Actions against governmental entities must be commenced within one year after the claim is filed with the governmental entity, except a minor under seven years of age may bring an action within two years after the occurrence or until his eighth birthday, whichever period is longer.
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?