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Medical malpractice lawsuits allow victims of medical negligence to recover compensation from their healthcare providers and the hospitals or healthcare facilities that employ those providers. But you cannot pursue a claim after the medical malpractice statute of limitations runs out.
This guide explains what the statute of limitations is and provides details on the medical malpractice statute of limitations by state.
What is Medical Malpractice?
Medical malpractice occurs when:
- A healthcare provider owes you a duty of care
- The care provider breaches the professional standard of care. The services they provide (or fail to provide) fall below the level of care and competence which a similarly-trained professional would have exhibited under the same circumstances
- You are harmed as a direct result of the caregiver’s breach of their professional duty
- You suffer losses you can be compensated for
If you are a victim of medical malpractice and hope to obtain compensation for the damages you endured, you must pursue a lawsuit against the care provider before the medical malpractice statute of limitations runs out.
What Is the Medical Malpractice Statute of Limitations?
With most injury claims, you must file a lawsuit within a limited period of time. This is true for claims arising from medical negligence. States set laws on how long you have to pursue your case. This is important because evidence can be lost and memories fade over time.
If you do not pursue your case within the medical malpractice statute of limitations, your claim will be time barred. You will not be allowed to pursue a claim and get compensation for the harm you experienced as a result of your caregiver’s negligence.
Medical Malpractice Statute of Limitations by State
State laws differ on when the medical malpractice statute of limitations runs out. Here are the medical malpractice statute of limitations by state.
When Does the Medical Malpractice Statute of Limitations Start Running?
In most injury claims, the timeline for the statute of limitations begins running when the malpractice occurs and causes injury.
For example, if a doctor botches an operation, you would have three years from the time this happened to pursue a medical malpractice case if you lived in Wisconsin or two years in Wyoming.
What Is the Discovery Rule?
In some cases, medical malpractice victims are not even aware they have been the victim of medical negligence until some time passes. Because of this, some patients were being barred from suing because the medical malpractice statute of limitations had run out before they were even aware a doctor had harmed them.
To resolve this problem, the discovery rule exists in many states. Under this rule, the statute of limitations may begin running when you either discovered you had been injured by medical negligence or reasonably should have found this out.
Depending on where you live, there may be a cap on the total length of time that you have, though, regardless of when the injury is identified. You should talk with an experienced medical malpractice lawyer to find out what the rules are where you live so you do not miss the opportunity to make a claim for compensation.
Why Is It Important to File a Medical Malpractice Lawsuit ASAP?
If you have been harmed by medical negligence, you don’t want to wait to pursue a case until the medical malpractice statute of limitations is close to running out. It’s best to take swift action.
Pursuing a claim ASAP ensures that the maximum amount of evidence is still available and that you can find witnesses who remember the incident clearly. The longer you wait, the harder it may become to prove your case.
As soon as you determine you have been harmed by a care provider, you should reach out to a medical malpractice lawyer ASAP for help.
Frequently Asked Questions (FAQs)
How long do you have to sue for malpractice?
The length of time you have to sue for medical malpractice depends on the medical malpractice statute of limitations where you live. In most states, you have between two and five years from the time the malpractice occurs or from the time you discover the injury to pursue a lawsuit to recover compensation for medical negligence.
What is the statute of limitations for medical malpractice lawsuits?
The statute of limitations for medical malpractice lawsuits limits the amount of time that you have to make a claim against a healthcare provider for medical negligence. It exists to ensure that people act swiftly to make claims while ample evidence is still available. Depending where you live, the time limit to pursue a case is generally between two years and five years.
How does medical malpractice differ from negligence?
In most negligence cases, a reasonable person standard is used. This means the defendant’s actions are judged against what a reasonable person would have done under the same circumstances. In a medical malpractice case, a professional standard of care is used. The healthcare provider’s actions (or inaction) is judged against what a similarly-trained physician would have done under the same circumstances.