What are Statute of Limitations

When it comes to medical malpractice, any victim whom has been injured by medical negligence has the legal right to file a medical malpractice claim to seek monetary damages. The laws in each state require the injured party to take action or file a lawsuit within a specific period of time; this time limit is the statute of limitations. Since each state has their own laws regarding medical malpractice statute of limitations, it is critical that a trial lawyer, especially a medical malpractice attorney be very familiar with the laws covering any states his or her clients may be filing in. Failure to understand the laws and file a lawsuit in time can result in the loss of monetary compensation to the victim.

There are exceptions in which the statute of limitations can be extended. For example, although California requires the injured party to start legal action within one year from the date he or she discovers or should have reasonably discovered the injury; there are circumstances in which the date may be extended for up to three years. This includes the presence of a foreign object found within the body, such as a surgeons tool accidentally left inside the body during an operation. Another circumstance that can extend the statute of limitations for medical malpractice in California, involves minors under the age of six years old. In this case, the medical malpractice claim must be filed within three years from the date the injury occurred or before the minor’s eighteenth birthday, whichever period is greater.

There are situations where the statute of limitations is actually less than the general period set for the state as well. For example, many states have special administrator rules for county hospitals and other types of administrative agencies, where the claim must be filed within six months; even if that states’ statute of limitations may be one year or longer. This is another example of why it is critical to speak with a medical malpractice attorney who understands each states medical malpractice laws, including their statute of limitations.

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