Statute of Limitations for Medical Malpractice Lawsuits

If you’re a victim of medical malpractice, you only have a limited time to file a lawsuit against negligent doctors and hospitals. The time limit for a legal filing is the statute of limitations. The statute of limitations differs depending on the type of medical claim. For a medical malpractice lawsuit, filing your case in court before the statute of limitations expires is essential to recovering damages for your injuries.

Each state has laws regarding the statute of limitations for medical malpractice cases. Talk to a medical malpractice lawyer for legal advice and to ensure your claim is filed in a timely manner.

What Is the Statute of Limitations in Medical Malpractice Cases?

The statute of limitations is a law limiting the amount of time you have to file a lawsuit in a personal injury or medical malpractice claim. The deadline to file a malpractice claim generally begins from the date of your injury.

Once the statute of limitations passes, you will likely be unable to take legal action to recover damages. However, your state’s law may have restrictions and exceptions. For example, the timeframe is often extended when an injury is later discovered. Additionally, in most states, the time limit for minors injured by medical malpractice begins running when they reach a certain age.

Statute of Limitations Laws in Different States

Each state has different timelines for medical malpractice claims. This includes various rules for minor victims, injuries discovered later, and even left-behind object injuries.

For example, in New York, the statute of limitations for a medical malpractice action is two years and six months from the date of the injury. Later discovered injuries and injury victims under 18 have other provisions.

California’s medical malpractice statute of limitations is three years from the date of injury or one year after discovering the injury, whichever occurs first. Minors under six who suffered a medical error injury have different time limits.

In Florida, the statute of limitations for a medical malpractice injury is two years from discovery but no more than four years from the date of the injury. Minors injured during medical care may have more time.

The Discovery Rule

Not all medical malpractice injuries are known from the moment they happen. Some take months or years to surface. A parent may not know the extent of a birth injury until years after their child is born.

For example, left-behind surgical errors occur when a surgical team leaves behind gauze, sponges, or other surgical equipment inside a patient’s body. The foreign objects may cause an infection to develop and worsen.

Under the discovery rule, the statute of limitations only runs once the medical error is discovered or should reasonably have been discovered. However, many states limit the discovery rule timeline to several years, regardless of when the error is discovered.

In Illinois, for example, most injury victims have two years from the date of a medical injury to file a lawsuit against their health care provider. However, the statute of limitations doesn’t begin to run until discovery. Still, malpractice claims can’t be brought later than four years from the date of the medical error.

In Texas, the statute of limitations is generally two years. There’s no discovery rule that allows for more time. However, if you discover the damage after the two-year deadline, you should still file the claim within a reasonable time after discovery. But Texas also has a “statute of repose” that doesn’t allow injured patients to file claims more than 10 years after the date of the injury.

Statute of Limitations for Minors Injured by Medical Errors

It doesn’t seem fair that a child injury victim should be held to the same deadlines as an adult. In many states, minors have more time to take legal action when they’ve suffered from the effects of a medical mistake.

In Ohio, for example, the typical statute of limitations is only one year from the date of the injury. But for minors under 18, the time limit begins to run once they turn 18. This means most minors who suffer a medical injury have until they turn 19 to file a malpractice lawsuit.

In Virginia, the statute of limitations is two years. Minors under eight have until their 10th birthday to file claims. But children eight and older are held to the same statute of limitations as adults.

Statute of Limitations if a Patient Dies

If a loved one dies because of medical malpractice, their family or beneficiaries may be able to seek compensation through a wrongful death lawsuit. But you still have a limited time to file a wrongful death lawsuit.

In North Carolina, the statute of limitations for a wrongful death lawsuit is two years from the date of death. The statute of limitations for a medical malpractice claim in North Carolina is two years from the date of discovery but not more than four years from the date of the injury.

In Michigan, the statute of limitations for someone who dies from medical negligence is three years from the date of death. This is slightly longer than the time limit for medical malpractice, which is two years and six months from the discovery of the injury.

The Importance of Following Deadlines

Missing the statute of limitations in a medical malpractice case can be harsh. If you file your lawsuit even one day late, the court will likely dismiss your case, and you may not receive compensation for your injuries.

Courts strictly enforce filing deadlines for statutes of limitation in medical malpractice cases to protect medical providers against “stale claims,” where evidence may be lost or compromised over time.

You should talk to an experienced medical malpractice attorney as soon as possible when you discover a possible medical mistake. This helps ensure you meet the deadline for filing your lawsuit.

Steps To Take if the Deadline Is Close

If you suspect that your medical provider committed medical malpractice, and you’re close to the filing deadline for a medical malpractice lawsuit, you can take the following steps:

• Gather evidence immediately: Collect all relevant medical records, bills, and communication with health care providers.
• Get a second medical opinion: Consider obtaining a review from a medical professional who can evaluate whether malpractice occurred. This step can strengthen your case. It’s also required in some states before filing a lawsuit.
• Contact a lawyer as soon as possible: A lawyer specializing in medical malpractice law can assess your case and determine the applicable statute of limitations. They can then take immediate action to file your claim. Many lawyers offer free consultations.

Need a Medical Malpractice Lawyer?

The time limits for a medical injury can be short. Make sure your lawsuit is filed in time. Otherwise, you risk losing your chance to recover money for your medical bills, lost income, and pain and suffering. Contact a medical malpractice lawyer to ask about a free case evaluation and your legal options.