Featured News 2016 Statute of Limitations for Medical Malpractice

Statute of Limitations for Medical Malpractice

If you feel that you have grounds for a medical malpractice lawsuit, meaning, you believe you suffered undue injuries because of substandard medical care, you'll need to learn about your state's statute of limitations for filing a medical malpractice claim.

The "statute of limitations" refers to the law that sets a deadline for filing a case in the state's civil courts. Each state has enacted a statute of limitations for filing a medical malpractice claim and these laws are very relevant to your case.

If you fail to file a medical malpractice lawsuit within your state's statute of limitations, you'll lose the right to file a lawsuit permanently. This means that even if you have a strong case, if you file a lawsuit after the deadline expires, the court will reject your case.

What is the statute of limitations in my state?

The statute of limitations for filing a medical malpractice lawsuit varies from state-to-state and the timing can get a bit tricky. Generally, the "clock" doesn't start ticking until after the patient discovers (or should have discovered) that their injuries are a result of medical malpractice.

Please be aware that each state has a different statute of limitations, and they all have subtle nuances, exceptions and limitations. Generally, the statute of limitations for filing a medical malpractice claim is two to three years depending on the state.

For example, in California, a patient is supposed to file a medical malpractice claim within one year of discovering the injury, or within three years of the injury, whichever happens first (California Code of Civil Procedure Section 340.5).

In Texas, the statute of limitations for filing a medical malpractice claim is two years from the date the suffering or harm began under Section 74.251 of the Texas Civil Practice and Remedies Code. In New York, you have two and a half years, to file a medical malpractice lawsuit under New York Civil Practice Law and Rules Section 214-a.

To learn about your state's statute of limitations for a medical malpractice lawsuit, contact a local medical malpractice attorney!

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