Medical Malpractice Law
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 claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.
A medical malpractice action for injury or death must be filed within one year of the alleged act, omission or neglect, or within one year of discovery of the alleged wrongful act. However, even as to claims filed within one year of the date of discovery, in all events such claims must be filed within three years from the date of the alleged wrongful act. This limitation period applies to all persons including minors and incompetents.