What is The Statute of Limitations on Malpractice Lawsuits?

Medical malpractice lawsuits do have a statute of limitations, and those statutes vary by state and may also vary based on the type of malpractice. The bottom line is that if you believe that you might have a medical malpractice case, you should speak to an experienced malpractice lawyer as soon as possible.

This Malpractice Guide guide helps you understand how statutes of limitation might affect your ability to file a lawsuit.

Reasons for the Statute of Limitations in Malpractice Lawsuits

The basic reason for limitations is that you must prove that you were harmed by medical malpractice. For example, medical malpractice cases in which a failure to diagnose a disease is a factor can be impossible to prove 3-5 years down the road.

You would have to clearly demonstrate that you did have the disease when medical personnel failed to discover it. If an x-ray or MRI exists that shows the disease, but it wasn’t diagnosed, you might have a case. But if test were never performed, even though there was good reason to believe they should have been, winning a case would be very difficult.

Typical Statutes of Limitation by State

Here are a few examples to give you an idea of state statute of limitation laws. For wrongful death, the statute of limitations is 2 years in California, New York, Florida and Illinois. In Massachusetts it is 3 years.  For medical malpractice lawsuits, the statute of limitations is 2 years in Florida and Illinois. It is 2.5 years in New York and 3 years in California and Massachusetts. When the medical malpractice involves a minor, the statute of limitations vary even more since some results of medical malpractice are not detected right away

Learning More about Malpractice Statutes of Limitations and Your Rights

The best thing for you to do is to discuss your case with medical malpractice attorneys with experience. They will review your medical records and other documents. A good malpractice lawyer will know how to pursue the facts of your medical situation and make a case that you were the victim of medical malpractice.

The medical malpractice attorney will also know the statute of limitations in your state based on the type of lawsuit you are considering. Most medical malpractice lawyers offer free case evaluations, so call today to make an appointment to learn about your rights.