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 example, notice of claims against the state must be presented within 180 days of the injury. Political subdivisions such as towns, cities and counties must receive notice within sixty days of the injury. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.
In New Hampshire, an action for personal injury or wrongful death generally must be brought within three years from the date of the alleged wrongful act or within three years of the date the claimant discovers or reasonably should have discovered the alleged wrongful act. An infant or mentally incompetent person may bring an action within two years after such disability is removed. There is a specific twoyear statute of limitation for medical malpractice actions; however, it has been held to be unconstitutional.