YOU ASK:

When does the medical malpractice statute of limitations expire?

WE ANSWER:

That will largely depend on the state where the medical incident has occurred. The time period within which one has the legal right to file a medical malpractice claim, can vary between six months and four years depending on the state.

Why is the Statute of Limitations So Important?

A person who happens to be the victim of a medical incident has a certain period of time to report the incident and file a medical malpractice claim in court. If the injured party fails to make a liability claim within the period defined by the medical malpractice statute of limitations of the respective state, the claims could be reported untimely by the defendant and the suit could be dismissed.

Each state has its own medical malpractice law determining the statute of limitations of any kind of lawsuit, including the time periods to report wrongful death, personal injury, medical malpractice actions (including those resulting in a foreign object left in a patient's body), products liability actions, and special rules for children.

The statute of limitations for medical malpractice lawsuits begins the moment when an injury occurs. According to the statute of limitations determined by the state where the medical incident has happened, there is s certain time period within which the injured must file a medical malpractice claim in court. In some cases, however, an injured person might not immediately learn about the harm they have sustained. In such cases, the statute of limitations starts the date when one discovers their injury or when they should have discovered it.

If, for example, a man from the state Georgia goes through a surgery and he doesn't discover that he has an object left in his body until a month later when he starts feeling pain. The statute of limitations for the state of Georgia gives the harmed man one year from the date that he has discovered the wrongful act to file a medical malpractice claim.  For other medical malpractice incidents, an individual can bring a medical malpractice action within two years of the date the injury has occurred but no later than five years from that date.

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