Want this question answered?
All medical malpractice lawsuits are subject to "Statues of Limitations" which are different in each state. The length of time that you have to file a medical malpractice lawsuit in the state of Pennsylvania is two years. The two year time span begins on the actual date of the injury.
The statute of limitations in Utah for medical malpractice cases is two years with the discovery rule but no more than four years from original date of act or omission.
Search for a lawyer who does medical malpractice lawsuits in your area.
The statute of limitations for medical malpractice in Arizona is two years with the discovery rule.
A medical malpractice suit is a lawsuit against a medical or healthcare provider who has performed some sort of professional medical negligence. You can file a medical malpractice suit if you have a situation such as this. An example of medical malpractice would be if after surgery it was discovered that a scalpel had been left inside you. Doctors have malpractice insurance to cover themselves in situations such as this.
In Alaska medical malpractice is set at 2 years. That is from the time that the injury or malpractice was discovered. If death resulted the limit is 3 years.
It depends on the state. It can vary widely, but many states have an age limit as the statute of limitations. The article below goes into more detail on medical malpractice statute of limitations.
The thing that can extend medical malpractice in Florida-and in most states-is known as "the discovery rule." This means that you have a certain amount of time to file for medical malpractice from the time the illness or injury caused by medical malpractice is discovered. For instance, the injury from a cancer misdiagnosis may not be discovered for months or years after the initial act of misdiagnosis by the doctor. So, the statute of limitations would start from the day that the cancer was discovered, not the day that the doctor failed to diagnose it correctly. In Florida, the law for the statute of limitations is two years with the discovery rule. The article below goes into more detail concerning medical malpractice and the statute of limitations.
One year from the date of discovery of illness or injury caused by medical malpractice. But no more than three years from the actual date of occurrence. The article below goes into more detail regarding statutes of limitations for malpractice.
In the US, anyone can sue anyone for anything at any time. If you believe you have a malpractice case, you can file it. The question is not whether you can file, but whether you can win. You should speak with an attorney in your area in that practices in this field to discuss the specifics of your case. Generally, you must establish that the doctor made some error that resulted in a medical problem to win a medical malpractice case.
"Although it differs from state to state, all have limitations on malpractice claims. Alabamba's happens to be 2 years after the malpractice has happened."
That would be a civil suit in Maine. The limitation would be six years from time of discovery.