In short, a statute of limitations will apply to every given medical malpractice case, whether this statute restricts recovery based on a timeframe following discovery or date of negligence will widely vary. Each state, per state statutes governing medical negligence laws, will have some form of statutes of limitations in place, which can limit a patient’s ability to recover damages following a set period of time. The length of this time will widely vary from state to state. However, almost all states do contain statutory language that does allow recovery of damages based on a different length of time, if certain elements in a given case are present. As a patient, the only definitive source of information concerning medical malpractice statute of limitations applicable to one’s individual case will be from a medical malpractice lawyer.
Discovery versus Date of Negligence
Depending on the state, the statutes of limitation period may accrue (begin counting) either from the date of an incident of medical negligence or from the date a patient would have reasonably discovered harm and negligence. Even further complicating the matter is that certain states have a different statute of limitations period applicable to cases involving discover of harm at a later date or cases involving discovery immediately following date of negligence.
Statutes of Repose in Medical Malpractice Cases
Certain state laws have what are known as statute of repose, which essentially dictates a final statute of limitations time length, regardless of date of discovery or date of negligence. The timeline attached to a given statute of repose will widely vary from state to state, and in certain states, no applicable statutes of repose exist.
Exemptions and Tolling of the Statutes of Limitations
Certain cases will involve, depending on the applicable state jurisdiction and statutes of limitation, instances where the statutes of limitation are exempted or tolled. Typically, minors (defined as children up to a varying age, depending on the state), mentally incompetent individuals, and even incarcerated persons are required to adhere to a different statute of limitations period under applicable state laws. Furthermore, certain cases of medical negligence, often those involving foreign body left in patient or intentional cover-up of negligence by medical professional, may never be subject to any statute of limitation, depending on state laws.
Getting Legal Help with Medical Malpractice Statutes of Limitation
The applicable medical malpractice laws, including statutes of limitations, are applied based on the state jurisdiction where a given act of medical negligence is alleged to have occurred. In turn, a patient must seek legal counsel practicing medical malpractice law in this state. Consult with a medical malpractice lawyer to learn more about the applicable statute of limitations in your case, as well as about other critical legal elements relevant to a given claim.
