Medical Malpractice Law

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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.

An action based on medical malpractice may be brought within the longer of two years from the date of the act or omission giving rise to the claim or six months from the date the claimant discovers or should have discovered the existence of the claim. In no instance may a medical malpractice claim be brought more than six years after the act or omission giving rise to the claim. The six­year period is inapplicable if discovery of the claim was prevented by the fraudulent conduct of the health care provider or the injury involved the claimant`s reproductive system. If a claimant is declared mentally unfit at the time his medical malpractice action accrues, he is allowed one year after the disability is removed to file the action. A claimant less than eight years old may file any time before his tenth birthday, and a claimant less than thirteen years old whose claim involves damage to the reproductive system may file any time before his fifteenth birthday.