What Is the Statute of Limitations on Medical Malpractice Claims?
If you believe that you or a member of your family are a victim of medical malpractice, you need to make certain that a lawsuit is filed in a timely manner. The failure to file a malpractice lawsuit within the time frame allowed by law in your state results in your never being able to make a claim. The statute of limitations is the law that governs this time line.
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Time Frame
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The statute of limitations on medical malpractice claims varies from state to state. The laws across the United States place a two- to three-year limitation on bringing a malpractice lawsuit, the time running from the date of the malpractice.
State Law
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If you're considering bringing a medical malpractice lawsuit, make sure you check what your own state law provides in regard to the statute of limitations for this type of case.
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Child
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The most significant exception to the statute of limitations involves a child. If a child is the victim of malpractice, a lawsuit can be brought on her behalf. However, the statute of limitations technically does not start running until she turns 18.
Considerations
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There are instances when the statute of limitations on medical malpractice claims stops running. For example, if you are receiving ongoing treatment relating to the medical malpractice, you may not need to bring a claim until all of the treatments are concluded.
Expert Insight
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Medical malpractice is amongst the most complex civil claims. Rarely is an individual able to pursue successfully a medical malpractice case without the help of an attorney. Therefore, if you have a medical malpractice claim, find a qualified and experienced attorney to represent you.
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- Photo Credit Image by Flickr.com, courtesy of Hamed Saber
