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Statute of Limitations PDF Print E-mail
If you are considering pursuing a legal action for medical malpractice, it is important to understand that a statute of limitations restricting the time you have to file will apply. Federal and state bodies of law have various statutes of limitations for most legal actions, and anyone who is thinking of filing a lawsuit regarding a particular injury must be aware of these statutes — they can mean the difference between being able to go forward and being stopped in your tracks.
Filing by the Deadline

A statute of limitations is essentially a deadline for taking legal action. The statute of limitations for medical malpractice sets out a length of time in which a plaintiff can file a claim for medical malpractice — for example, two years, five years, or ten years after the incident of medical malpractice. If the statutory period has passed, the court system where it is filed generally will not accept the lawsuit or hear it.

It's important to know that when it comes to statutes of limitations for medical malpractice,

  • The statutes vary by state.
  • They usually include various exceptions and special rules.
  • There is sometimes disagreement regarding the point in time at which a statute of limitation starts.


The attorneys of the Kuvara Law Firm can tell you exactly what the applicable statute of limitations is for your case, and whether any special aspect of the statute applies to your circumstances.

Exceptions and Special Rules

One example of an exception to a statute of limitations is when the medical malpractice happens to a minor (i.e., a child). In many cases, the statute of limitation's time limit is essentially put on "pause" until the minor reaches the age of adulthood.

Another example is a statute of limitations that says the time limit starts when the victim "knew or should have known" about the malpractice, as opposed to when the malpractice actually occurred. This is fair and helpful to victims; sometimes a healthcare provider does some damage to a patient, but the symptoms or signs of the damage don't show up for quite a while. Having the statute of limitation's starting point pushed back to the time when the patient realizes the damage gives a patient more time in which to begin a legal action.

A third exception is some states' special rule for cases involving a foreign object or surgical instrument left behind in a patient's body after surgery. Here too, the health problem may take a long time to manifest after the surgery.

A major influence on medical malpractice statutes of limitations is a patient's death due to malpractice — with a death, the state's applicable 'wrongful death' statute of limitations may take precedence over the medical malpractice statute.

An Attorney's Counsel Can Be Crucial

In light of the importance and the complexity of statutes of limitations that apply to medical malpractice, it's definitely in your best interest to consult a knowledgeable attorney about your specific circumstances. Contact the Kuvara Law Firm today to discuss your case, and find out about the applicable statute of limitations.
 

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