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Medical Malpractice Statute of Limitations

When a patient thinks that they have a medical malpractice case against a physician or healthcare provider, the patient should act as soon as possible. Every state has its own time limits regarding medical malpractice. If you want to start a civil lawsuit and do not do so before the statute of limitations deadline, then your case may be thrown out. Here is what you need to know about the statute of limitations.

What Is the Statute of Limitations?

Every state has different laws regarding the statute of limitations. If you suffered an injury or illness because of your doctor or other medical professionals, then you need to consider filing a claim as quickly as possible. Most states allow you between one and four years to begin the lawsuit process. Make sure that you talk to your medical malpractice lawyer about the statute of limitations. It is better to start filing the claim as quickly as possible to ensure that you can file your claim. If you would like to speak with a medical malpractice lawyer, who can answer questions and assist you with your possible case.

When Does the Time Begin Running Out?

Most of the time the clock starts ticking on the day that the healthcare error occurs. Every state has its own statute, but there are also exceptions to the rule. For example, the discovery rule is an exception to the standard time you have to file a lawsuit.

The discovery rule refers to the date you discover the injury or the date you discover negligence. For example, if you become ill because of a doctor’s mistake but only find out that it was a doctor’s mistake that caused the illness after the fact, you may not have to worry about the statute of limitations. In most states, the clock begins ticking when any reasonable person would have discovered the harm.

Minors may also be able to take advantage of an exception to the rule. Many states have different statutes of limitations for minors. If a minor suffers due to medical malpractice, he or she can wait until 18 to file a lawsuit. The statute of limitations begins when he or she turns 18.

If you are worried that you suffered an injury or other damages because of a mistake in the hospital or under the care of a professional, then you need to think about a medical malpractice lawsuit as soon as possible.