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.

A medical malpractice action for personal injury or wrongful death must be brought within four years after the date of injury or two years from the date the injury was or should have been discovered. Claims by a parent or guardian on behalf of a minor are governed by the above limitations. However, when a minor suffers brain damage or birth defects, the period is extended until the minor reaches the age of ten and a claim for sterility may be brought within two years from the child discovering the injury. The limitation period is tolled for claimants who lack mental capacity or are minor wards of the state.