Is it too late to file a Medical Malpractice claim, it's been 3 years?

Kimmie
I actually had to look into this one myself. The statute of limitations on medical malpractice is 2 years. And that is from the date the injury/surgery or whatever first occured. Sorry hun but you are a year late.

hobo
I would say No depending on what happened.

Ron L
It depends on the state- varies. Here in NC, it is 3 yrs. In many states, there is a discovery statute so that the time starts when you first discover it or when you should have first discovered it. For example, if a surgeon leaves a sponge in you, then 10 years later it gets infected and you get sick and they have to take it out, you can still sue. In that case, it would be 3 yrs. from the date of the surgery to take it out because that's when you first discovered it.

Also, the statute of limitations is tolled for a disability or if you are a minor. So, if there was med mal while you were a minor, you have 3 yrs. from the age of 18. So, when you turn 21, it's too late. Or, if you were in a coma or something, that would also toll the statute of limitations.

Go to a good med mal lawyer in your area ASAP. You can probably have a consult for free. Then, you can figure it out better.

Best wishes.

hexeliebe
To arrive at a correct answer you would need to divulge two facts:

1. in what state/country this occurred, and;

2. When was the 'malpractice' discovered?

Give your answer to this question below!

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