Are there limitation periods for medical malpractice claims?

April 28, 2022

There are strict limitation periods for filing medical malpractice claims. Generally, you have two years from the date you knew or should have known about the injury caused by medical malpractice. Often, the injury timing is obvious, but in some cases, the extent or cause of harm may only become clear months or years later. For minors, the two-year window doesn't begin until they turn 18 unless a parent or guardian signs an Affidavit of Litigation Guardian. For individuals without the capacity to make a claim, the limitation period does not start unless a litigation guardian is in place.

Importantly, laws also impose an absolute limit of 15 years from the date of the medical error or omission. This applies regardless of when the injury was discovered, except for minors or those without capacity to file claims.

If you believe you've experienced medical malpractice, act quickly to protect your rights. Contact a medical malpractice lawyer to explore your options and ensure you meet these legal deadlines.

Are there limitation periods for medical malpractice claims?

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