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, claims against the state and its political subdivisions must be filed within 90 days of the injury. This requirement applies to claims against a state, municipal or county hospital and the time to file a lawsuit against such hospitals is also limited. 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 general, a medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However, a foreign object case may be brought within one year of the date when the object was discovered. The limitation periods are extended for a claimant`s infancy or insanity, but in the case of infancy, only up to a maximum of ten years. A wrongful death action must be commenced within two years from the date of death.