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. For example, 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.
Notwithstanding the above, in general, a medical malpractice action must be commenced within two years of the date of occurrence or from the completion of treatment. There is some case law which allows an extension of time to file suit until the injury is discovered. If, at the time the cause of action accrues, the claimant is under the age of eighteen years, an action may be brought at any time until the claimant`s twentieth birthday.