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If the statute of limitations has run, the case cannot be brought. It is possible to show periods of time when the statute of limitations has tolled and shouldn't be counted against the time frames. Please consult an attorney that specializes in the type of malpractice you are looking for redress for.

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14y ago
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12y ago

Medical malpractice statute of limitations vary from state to state but many states have a provision known as the "discovery rule" which allows for a good deal of flexibility in certain situations.

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12y ago

No, you cannot file a lawsuit after the statute of limitations has expired. The purpose is to avoid an excessive time elapsing after the event. It makes it difficult for the defendant to provide a defense and the time affects the ability of witnesses to accurately remember what really happened.

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Q: Has anyone been able to sue for malpractice after the statute of limitations?
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