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What Are the Statutes of Limitations for Medical Malpractice?

If you’re in the middle of a malpractice case and have been asking yourself, “What’s the statute of limitations for medical malpractice?” you’re in the right place. We’re here to clue you in on everything you need to know about medical malpractice cases.

Statutes of Limitations by State

Most states have a two-year statute of limitations for malpractice. That means parties have up to two years from the date of the alleged malpractice to file the claim. If they wait too long, the case is no longer viable and will get dismissed.

While the most common term is two years, there are plenty of states with longer or shorter statutes. Minnesota, for example, allows a full four years for citizens to file a malpractice case. Conversely, Kentucky only allows one year for its statute of limitations. Talk to a medical malpractice lawyer in Boise, Idaho, for more detailed information about the two-year rule.

If you’re planning on filing a medical malpractice case, do your homework first. Consult with an attorney. Find out what your state’s statute of limitations is and ensure you file the claim before it runs out.

Exceptions To the Statute of Limitations

There are exceptions to the statute of limitations depending on a few stipulations. The law here is quite complicated, so it’s best to consult with an expert about your specific case. Some of the most common exceptions to medical malpractice statutes include the following.

The Filing Party Is a Minor

If the injured party is under the age of 18, the statute becomes more flexible. In some states, it’s also unclear what the laws are for an age limit. In Texas, a minor has until they turn 14 to file a suit.

That means if they received the injury at six years old, they have an entire eight years to file the case. Consult with an attorney to see how your state handles this issue.

Negligence Undiscovered Until Statute Runs Out

Some states allow exceptions if negligence isn’t found until it’s too late. Act fast if you notice neglect after the statute of limitations has run out. Otherwise, the court may throw your case out.

What are the statutes of limitations for medical malpractice? It varies by state. A vast majority of states enforce the two-year rule but don’t assume that your state follows this model. Do a little research to discover your state’s unique statutes of limitations.