How Long is The Statute of Limitations for Medical Malpractice
Statutes of limitations vary according to state (see chart below) with the typical range being anywhere from 6 months to 4 years from the initial time of the injury. However, it should be noted that individual states often provide exceptions to these stipulations which can be dependent upon the injured party’s age or disability.
Additional provisions are often made concerning the discovery rule which allows for the statute of limitations to begin at the time a patient discovers their injuries in lieu of when the injury first occurred.
Filing a Malpractice Claim
There are distinct differences between filing a medical malpractice claim and actually obtaining a favorable civil award against a medical professional. Proof in the form of evidence and expert testimony is usually required in order to take legal action, and these types of claims can sometimes be difficult to prove.
Those who feel they have sustained injuries resulting from medical malpractice or negligence are encouraged to seek the assistance of an attorney experienced and knowledgeable regarding these types of claims. Such a legal professional can assist their clients in obtaining all the necessary evidence and paperwork, as well as filing the claim accurately and in a timely manner.
Contact us if you feel you or a loved one has a medical malpractice claim.
Settlements and Awards
It is not unlikely, due to the costs related to court fees and time invested, that lawyers representing both sides of the claim decide to settle the claim outside of court. Typically in regards to malpractice claims there are two types of awards or damages a plaintiff can receive. The first is considered direct compensation for medical bills, other related expenses, and lost wages.
The second is referred to as punitive damages, which account for non-economic losses such as pain and suffering or grossly negligent behavior on the part of the medical professional.
Cases of medical malpractice generally include an incorrect diagnosis, the neglect associated with recognizing symptoms related to serious health issues, or delivering a late diagnosis. Those patients who typically file successful claims are those in which they have suffered serious, sometimes fatal consequences resulting from these actions.
Malpractice Statute of Limitation Times – State by State
From Initial Time of Injury
|Alabama||2 – 4 Years|
|California||1 or 3 Years|
|Connecticut||2 or 3 Years|
|Florida||2 or 4 Years|
|Hawaii||2 or 6 Years|
|Maryland||3 or 5 Years|
|Mississippi||2 or 7 Years|
|Missouri||2 or 10 Years|
|Nevada||2 or 4 Years|
|New Hampshire||3 Years|
|New Jersey||2 Years|
|New Mexico||3 Years|
|New York||2.5 Years|
|North Carolina||3 – 10 Years|
|North Dakota||2 Years|
|Ohio||1 or 4 Years|
|Rhode Island||3 Years|
|South Carolina||3 Years|
|South Dakota||2 Years|
|Virginia||2 – 10 Years|
|West Virginia||2 Years|
Additional Frequently Asked Questions
- What Is Meant by “a Breach of the Standard of Care” in a Medical Malpractice Case?
- Are There Limits on Damage Awards for Medical Malpractice?
- Can You File a Medical Malpractice Lawsuit Against Someone Other Than a Doctor?
- What Is Loss of Consortium In A Medical Malpractice Case?
- Is Failure to Warn a Patient of Known Risks a Form of Medical Malpractice?