Statute of Limitations
For most medical malpractice cases, you will have a specific amount of time to file a lawsuit against your medical provider or healthcare professional. In most cases, if you feel that you are the victim of medical malpractice, you will have two years from the date that the malpractice took place to file a lawsuit.
Whether you are a living victim of medical malpractice, or if you are the family member of a deceased victim, two years is a standard deadline for filing a lawsuit. Understanding the period of repose, and the deadline for filing a medical malpractice lawsuit, can help you to make sure you don’t miss any important deadlines.
The Exception
While two years is the standard amount of time your family will have to file a medical malpractice lawsuit, this will not be the case in every situation. If you need more than two years to determine if you are indeed a victim of medical malpractice, or if you need more than two years to identify which medical provider is responsible for the malpractice, you can take up to three years to file your lawsuit.
These two-three years are known as the period of repose. In most cases, you shouldn’t have any trouble filing for a lawsuit if you either file within two years or if you can prove that you needed more time to determine if medical malpractice really took place.
Don’t Give Up!
If it has been more than three years since the date that you or a family member were a victim of medical malpractice, do not give up on your case. Do not write your case off without consulting a skilled personal injury lawyer who works with medical malpractice cases.
A personal injury lawyer will have more knowledge of laws and exceptions that might pertain to your situation than you do. Therefore, a lawyer might be able to save your lawsuit and ensure that it is accepted. This is just one of many ways in which hiring a personal injury lawyer can help you and your case. There will not be any guarantee that your lawsuit will be accepted, but you could still have the chance to present your case.