Medical malpractice lawsuit deadline?
Categories: General Information
Understanding the Time Limit for a Medical Malpractice Lawsuit: Insights from Our Lawyers
In the unfortunate circumstance that either you or a cherished loved one falls victim to severe injuries due to the reckless or negligent behavior of a healthcare provider, launching a medical malpractice lawsuit may understandably not be your primary concern. Without a doubt, the intensity of medical malpractice cases can often be such that the journey towards recovery may extend over a long period, potentially spanning several months or even years. As a result of this, the act of gathering the necessary strength to seek counsel from a medical malpractice lawyer, let alone embarking on a lawsuit, might pose a significant hurdle. This struggle could be rooted in the physical injuries incurred, or it could be a consequence of the emotional trauma brought about by the harrowing ordeal of medical negligence.
However, the belief that you can file a medical malpractice lawsuit whenever you are ready is a misconception. Victims and their families who have suffered from medical negligence do not have unlimited time to commence a lawsuit. Rather, there’s a limited timeframe to initiate a medical malpractice lawsuit due to the “statute of limitations” period. If you or a loved one were harmed by a healthcare provider or at a medical facility, ask our medical malpractice lawyers for a FREE consultation to understand your potential rights to compensation under the law of your state in a medical malpractice lawsuit.
What is the Statute of Limitations?
The statute of limitations is essentially a deadline for filing a lawsuit, including a medical malpractice lawsuit. Almost every claim has a statute of limitations period. Attempts to file a medical malpractice lawsuit outside this period will be untimely, and a defendant will most likely move to dismiss the action.
This dismissal is procedural, meaning that a judge will not even review the merits of your claim. Therefore, even in cases of severe medical malpractice, including wrongful death, cerebral palsy, spinal cord injury, traumatic brain injury, or any other type of personal injury, a court could dismiss your medical malpractice lawsuit without reviewing your claim or considering your entitlement to compensation.
What is the Statute of Limitations in My State?
Contrary to what one might assume, there isn’t a universal statute of limitations for medical malpractice lawsuits that applies uniformly in every state. On the contrary, each state has a distinctive statute of limitations period, which is set either by their Legislature or through decisional law. As a consequence, the timeframe you have to initiate a medical malpractice lawsuit is largely contingent on the specific laws of your state.
The majority of states have a two or three-year statute of limitations period for medical malpractice lawsuits. Some states have unique rules, and other states are the only ones with a specific year limitation.
States With a Two-Year Statute of Limitations Period
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Michigan
- Mississippi
- Missouri
- Nebraska
- New Hampshire
- New Jersey
- North Dakota
- Oklahoma
- Oregon
- Pennsylvania
- South Dakota
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
Three-Year Statute of Limitations Period
- District of Columbia
- Maine
- Massachusetts
- Montana
- Nevada
- New Mexico
- North Carolina
- Rhode Island
- South Carolina
- Vermont
- Washington
- Wisconsin
States with a Different or Special Statute of Limitations Period
- California – 1 year/3 year (1 year from discovery of negligence, or 3 years from injury, whichever is first)
- Kentucky – 1 year
- Louisiana – 1 year
- Maryland – 3 years/5 years (3 years from discovery of negligence, or 5 years from injury)
- Minnesota – 4 years
- New York – 2.5 years – but exception for 1 year of discovery of a foreign object (or facts that would have lead you to it), and 2 ½ years from the discovery of a cancer misdiagnosis or from the last continuous treatment date, whichever is later
- Ohio – 1 year
- Tennessee – 1 year/3 years (1 year from discovery, or 3 years from incident)
Exceptions to the Medical Malpractice Statute of Limitations Period
Although these are the prevailing time limits and statute of limitation periods to initiate a lawsuit, numerous exceptions exist. These exceptions, however, are treated differently depending on the state and the decisional law. Because of the sheer variety and specificity of these exceptions, it becomes exceedingly difficult to list them all, as they can be highly nuanced and tied to the unique facts of your case. Therefore, it is crucially important, and indeed, always recommended to reach out to a medical malpractice lawyer. Interestingly, some of these exceptions can, in fact, reduce the amount of time you have to file your lawsuit.
Examples of ways the medical malpractice statute of limitations could shrink:
- Federal hospital or healthcare provider
- Municipal or state hospital and a “notice of claim” provision
- Contractual agreements, and
- Other grounds
Examples of ways that the medical malpractice statute of limitations period could expand:
- Negligence against a minor
- Injuries causing incapacity such as a coma
- Continuous treatment doctrine
- Discovery of a mistake
- Foreign objects
- Misdiagnosis of a condition such as cancer, and
- Many other grounds that could extend the time to commence a medical malpractice action.
Harmed By Medical Malpractice? Learn How Long You Have to Commence an Action in Your State From a Medical Malpractice Lawyer
Although the statute of limitations periods for your respective state are detailed above, it’s vital to understand that there are numerous exceptions to these periods that could potentially extend or reduce the timeframe you have to file a claim. Regrettably, if you initiate a claim beyond the statute of limitations period, your case stands the risk of being dismissed, subsequently forfeiting any right to recover compensation.
To avoid this unfortunate scenario, ensure you take the necessary steps. Even if you believe you’re aware of the time period in your state, it’s always wise to reach out to an experienced medical malpractice lawyer. They can provide a definitive answer on how long you have to file a claim. To facilitate this, you can contact one of our seasoned lawyers by locating them here at Medical Malpractice Universe.