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 public bodies for wrongful death must be presented within one year and for personal injuries within 180 days from discovery of the alleged loss or 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.
An action for medical malpractice must be commenced within two years from the date the injury is first discovered or in the exercise if reasonable care should have been discovered; however, no action may be brought more than five years from the date of treatment. The limitation periods are tolled for persons who are under the age of 18 or who are declared mentally unfit 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, nor shall it be extended longer than one year after the disability is lifted. A wrongful death action must be commenced within three years after the injury causing the death is discovered.