Is there a time limit to file a medical malpractice claim?

Yes, there is a time limit to file a medical malpractice claim.  It is unfair to the medical provider to have an unlimited time for a patient to claim an error has been made because records and memories get old or lost over time.  A time limit in legal terms is referred to as a “statute of limitations”. 

The Statute of Limitations varies from state to state and for each type of lawsuit.  Most states have a medical malpractice statute of limitations of one year from the date of the injury.  Some states say the time limit doesn’t start until the person realizes the injury (even if the cause occurred earlier).  There can be some dispute in these cases as to when the injured person should have known about the injury or the negligence.

Talk to a Medical Malpractice Attorney to find out more about the time limit to file a case, and what the rules are regarding the start date of the statutue of limitations for a given situation.

Good luck.