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How much time do I have to file a child's medical malpractice claim?
Question:
How much time do I have to file a child's medical malpractice claim?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
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Tell us a little about your injury & get a local Malpractice Lawyer to review your case for Free.Get Informed - Medical Malpractice Laws & Information
- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
- Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.
- Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.
- Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.
- Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.
- State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.
Depending on the state, the amount time you have to file a child medical malpractice claim will greatly vary. Medical malpractice statutes of limitations widely vary from state to state concerning the applicable length of time allowed for patients to file viable medical negligence claims. Furthermore, state laws also employ different statutes applicable to children, often based on the age of the child, the date of discovery of harm, and what that state considers the age of majority. In essence, the only reliable method of determining the statutes of limitations applicable to your child’s medical malpractice case will be through consulting a medical malpractice lawyer directly about the individual elements of your claims case.
The reality of these cases is that child medical malpractice cases often enjoy a relatively longer statutes of limitations period than those applicable to their adult counterparts, but this is not always the case. If a patient (or parent on behalf of a child in this case) fails to file suit within the applicable statutes of limitations period, whether based on date of negligence, discovery of harm, or statutes of repose, the patient essentially loses most, if not all, legally enforceable rights to recover compensation for damages. That is why consulting with a medical malpractice lawyer as soon as feasibly possible following the discovery of harm stemming from medical negligence is important, even in cases involving minors or children.
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