Medical malpractice statute of limitations, which are set forth by each individual state and can include several instances where the statutes are tolled or modified, set a timeline for patients to commence legal action against negligent or liable healthcare professionals and providers. In brief, if the statute of limitations period applicable to a given patient’s claim has expired, he or she will be barred from a legally viable right to demand compensation for damages, or in practice, he or she cannot sue. However, state laws widely vary concerning statutes of limitations, and in many cases, numerous conditions, caveats, and other exemptions exist under state statutes of limitation, which may allow a patient to retain his or her legal right to sue, even past the original statute of limitations deadline. Furthermore, it is also relevant to note that statues of limitations are subject to changes per state legislative action.
Variations in State Laws Potentially Affecting Applicable Statute of Limitations Deadlines
State statutes of limitations will widely vary, and in turn, a given case may incur a statute of limitations date that widely differs from other cases in the state. The following variations in state statutes of limitation may affect the ability to sue based on statutes of limitation, including:
- Discovery Rules: In certain states, the statute of limitations period begins accruing from the date of discovery of harm, rather than the actual date of negligence.
- Statutes of Repose: In certain states, including those with a discovery rule and those involving claims accruing from date of negligence, a mandatory statute of repose exists, which cuts off ability to file suit past a certain date, regardless of date of negligence or discovery.
- Tolling of Statute of Limitations: In most states, depending on the case, the statutes of limitation are tolled until a certain period, often in cases involving minors, mentally incompetent individuals, and in a few states, for cases involving incarcerated individuals.
- Intentional Fraud or Omission: Certain states also toll the statute of limitations in cases involving healthcare professionals intentionally misleading or covering up medical malpractice.
- Foreign Body: In most states, a statute of limitation is extended or tolled entirely in cases involving foreign bodies or objects left in a patient following a medical procedure or surgery.
Getting Legal Help with Statutes of Limitations and Medical Malpractice Cases
In reality, medical malpractice cases are always subject to some form of state-level statute of limitations, which will require a patient to seek counsel and representation from a practicing medical malpractice lawyer in the jurisdiction where the alleged incident of malpractice occurred. Medical malpractice cases and laws are already complex to begin with, and the statute of limitations laws only further convolute the process. Seeking legal counsel and advice is the only definitive means for a given patient to assert his or her legal rights in the most effective and favorable manner.
