What Is the Statute of Limitations for Medical Malpractice?
A statute of limitations in a claim of medical malpractice puts a time limit on when the claim may be filed. Each state determines the statute of limitations for a claim. Medical malpractice is a type of professional negligence, and many states have specific medical malpractice statutes of limitations.
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Definitions
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A statute of limitations is a law that puts a deadline on when an individual can file a lawsuit or when an individual can be charged with a crime. The statute of limitations generally begins at the time the crime or injury or loss occurs. Statutes of limitations for medical malpractice vary based on the jurisdiction where the case is filed.
Medical malpractice is a civil cause of action brought by a patient against a doctor or other medical staff. In the cause of action, the patient claims the doctor negligently cared for the patient, and the patient was harmed as a result.
Function
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The function of statute of limitations in a medical malpractice case is to place a limit on when a patient can assert negligence against a doctor. The claim is moot after the statute of limitations has expired. This means the claim cannot be filed, regardless of the severity of the injury or the truth of the claim.
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Time Frame
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Medical malpractice statutes of limitations are different depending on where the alleged malpractice occurred. For example, in California, the statute of limitations for medical malpractice is three years from the date of injury or one year from the discovery of the injury. However, in Rhode Island the statute of limitations is two years for medical malpractice. In general, the statute of limitations for medical malpractice ranges from two to four years, depending on the jurisdiction.
Warning
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It is crucial for a patient to contact an attorney as soon as possible if he believes he has suffered an injury due to medical malpractice. If the patient does not file the claim within the time frame set by the statute of limitations, the claim can never be brought to court.
Considerations
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Many states allow an exception to the medical malpractice statute of limitations called the discovery rule. The discovery rule allows a patient to file a claim once the injury caused by malpractice is discovered. For example, if a doctor negligently prescribed a very dangerous medication to a patient that causes severe liver damage, the patient may not discover the liver damage for many years. In that case, the statute of limitations begins to toll when the patient discovers the injury, not at the time the injury occurred.
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References
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