Every state has a statute of limitations for medical malpractice, which is a deadline for filing a medical malpractice lawsuit. If you wait until after the statute of limitations, you cannot file a successful lawsuit -- no matter how good your case is. The time limit varies from six months to four years, according to the state. It can be significantly shorter if you plan to sue a government agency or employee.
However, it's important to know that the time limit doesn't necessarily start when the medical malpractice occurred. In some cases, the clock doesn't start ticking until you notice your injury. For example, if doctors accidentally left equipment inside you during surgery, and it didn't hurt for months, the statute of limitations doesn't start until it begins hurting, or until you learn about the problem. If the person who was hurt was a minor at the time, the statute of limitations may not start until he or she turns 18 or 21. There may also be special rules for mentally incapacitated people. If you're not sure what rules apply in your case, you should talk to a medical malpractice lawyer for help.
Even if you have a generous statute of limitations, it's best to talk to a medical malpractice lawyer as soon as you decide you're interested in filing a lawsuit. The statute of limitations could be shorter than you think, but more importantly, time can erase crucial evidence. The longer you wait, the harder it is to remember facts, find important documents or locate people who could be witnesses.
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