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 generally must be brought within two years from the date of injury or from the date of discovery, but never more than six years from the date of injury. Wrongful death actions alleging malpractice must be commenced within two years from the date of death. The limitation periods are tolled for persons who are under the age of 18, who are declared mentally unfit, or imprisoned at the time of accrual of the cause of action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging malpractice, the extension of the limitation due to infancy is limited to twelve years. Suits against political subdivisions must be brought within three years from accrual of the cause of action.