Statute of Limitations

An Explanation of “Statute of Limitations”

In medical malpractice law, the statute of limitations is a deadline. It refers to the period starting from the time the injury occurred or is discovered, to the final date on which a medical malpractice suit can be filed. If the statute of limitations expires before a malpractice suit is filed, the defendant can have the case dismissed for being untimely. It is up to the defendant to alert the court of a statute of limitations violation.

The statute of limitations varies by state, but is typically about 2 years. That time often starts running at the moment of the negligent act, but other factors may come into play (such as when you learned of the negligence and when you stopped receiving treatment.) You also may have to consider other filing deadlines if, for instance, your case involves treatment by a government agency, such as a county hospital.

In some states the statute of limitations for a medical malpractice suit may be delayed for an injured child until the child reaches a specific age.

Tagged as: deadline, medical malpractice claim, statute of limitations