Skip to main content

Medical Malpractice Law

Search for an Attorney  

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. The limitation periods are extended for claimants who are under the age of eighteen or of unsound mind. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Notwithstanding the above, in general, a medical malpractice action for personal injury or wrongful death must be commenced within three years of the date of occurrence or the date when the occurrence should have been discovered, but never more than six years from the date of the occurrence. Foreign object cases may be brought within two years from the date of discovery.