How long do I have to file a lawsuit against my doctor? 29 Answers as of February 27, 2013

Is there a statute of limitations on how long I wait to file a medical malpractice suit against my knee doctor?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
In Michigan, you have 2 years from the date of the malpractice, but before you can file suit, you must send a Notice of Intent, and then after at least 182 days, you may sue, but the suit papers MUST include a duly notarized Affidavit of Merit, signed by a doctor having credentials that are comparable to the person you are suing.
Answer Applies to: Michigan
Replied: 2/27/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
There is a statute of limitations against filing suit against a doctor which is normally one year from the date of injury. However, prior to filing any lawsuit against a health care provider, you must first send him a 90-day letter which states your intent to sue him and which enumerates what you assert to be negligence. This gives the practitioner to have his insurance company investigate the claim and decide whether they will pay the claim or deny it. Frankly, in my 36 years of practicing law, I have yet to see an insurance company respond to such a letter. Nonetheless, that letter is required to be sent. This 90 day period tolls the statute of limitations.
Answer Applies to: California
Replied: 2/26/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
3 years from the date you knew there was malpractice, two years if his practice come under the umbrella of a government agency, such as a government hospitals.
Answer Applies to: South Carolina
Replied: 2/26/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If the doc is a state employee you must file a notice of claim within 180 days after the wrongdoing, or after a reasonable person should have discovered it. If s/he is a private physician, it is three yearsagain from the time of the wrongdoing, or the time you should have discovered it.
Answer Applies to: Wisconsin
Replied: 2/26/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Two years, but you'll have to jump through some hoops first, so don't wait until the last day.
Answer Applies to: California
Replied: 2/25/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Medical malpractice cases in Michigan have very strict rules/time limits about what must be done and when. In general there is a 2 year statute of limitations, but before you are entitled to bring your timely suit, you must file a Notice of Intent specifying the exact acts of malpractice, and by whom, so that the health care provider(s) have proper notice and may try and resolve your claim prior to your filing suit (experience tells us that generally they will not try and resolve the claim, but only try to use the process against you). There are statutory limits/caps on what you may recover. These cases are expensive and time consuming to present and you must have damages that warrant the time and expense. It is critical that you consult a medical malpractice attorney immediately because of the severe time/proof restrictions found in the Michigan Statutes.
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    Generally, the statute of limitations in medical malpractice cases is 2.5 years. The rules that determine when the statutory period begins to run are convoluted and depend on the kind of the injury in the case. To be safe, you can count from the date of the treatment (it is possible that, in your case, it can be shown that a later event should be counted as the staring date for the statute of limitation; but you would want to avoid this argument, if possible).
    Answer Applies to: New York
    Replied: 2/25/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In NY it is 30 months from the date of the last treatment for that condition.
    Answer Applies to: New York
    Replied: 2/25/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The statute of limitations for medical malpractice is 2 years from when you knew or should have known that he or she committed malpractice. The statute of repose says you have to bring the claim within 4 years of the actual act of negligence, regardless of when you discover it.
    Answer Applies to: Florida
    Replied: 2/25/2013
    Law Office of J. Michael Gatien
    Law Office of J. Michael Gatien | J. Michael Gatien
    There a two possibilities. The first is one year from the date treatment concluded. the second is one year form the date that you should have reasonably discovered that the malpractice occurred. The first option is always the best as the second is indefinite and arguable.
    Answer Applies to: Ohio
    Replied: 2/25/2013
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    The normal statute of limitations is 2 years, but there may be exceptions in some cases.
    Answer Applies to: Missouri
    Replied: 2/25/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Nevada's statute of limitations governing medical malpractice actions is contained in NRS 41A.097. An action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.
    Answer Applies to: Nevada
    Replied: 2/25/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    2.5 years with some exceptions (continuous treatment, foreign object, etc).
    Answer Applies to: New York
    Replied: 2/25/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Three years. You realize you cant do that unless and until you have a doctor who has reviewed your file and agrees that you have a case and will agree to testify. It is all uphill.
    Answer Applies to: North Carolina
    Replied: 2/25/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The malpractice statute of limitations is 2 1/2 years from the malpractice or 1 year from the last treatment of same.
    Answer Applies to: New York
    Replied: 2/25/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    2 years Coulter K.
    Answer Applies to: New Jersey
    Replied: 2/25/2013
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    In Massachusetts, the statute says that you have three years from the date you discovered the malpractice. As a general rule, most attorneys prefer to use a date of three years from the date of injury.
    Answer Applies to: Massachusetts
    Replied: 2/25/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Presuming you are an adult and you knew or should have known when the malpractice occurred, you have 2 years from the act of malpractice to file suit or you will be forever barred from doing so. Good luck.
    Answer Applies to: Alabama
    Replied: 2/25/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    In California, you have one (1) year from the date you knew or should have known about the injury, or three (3) years from the date of the injury, whichever is the earlier date.
    Answer Applies to: California
    Replied: 2/25/2013
    James Harvey | James Harvey
    Two years from when you knew or should have known your problem was caused by the doctor. This could be more than two years after the surgery depending on circumstances. You will need a doctor to give an opinion that it was the first doctor's fault.
    Answer Applies to: Pennsylvania
    Replied: 2/25/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Yes, there is a statute of limitations for a medical negligence claim. It is one year from the event or from when the claimant "knew or should have known" of the event giving rise to the claim of malpractice, but in no event, longer than three years from the initial event. There are some exceptions that extend the time limit, but they are fact specific.
    Answer Applies to: California
    Replied: 2/25/2013
    James L. Daniels Attorney at Law L.L.C. | James Louis Daniels
    One year in Louisiana from the date of the procedure for which you claim malpractice generally a claim needs to be opened. In some limited instances the year may be extended but these exceptions are very limited. Suit is not to be filed until the claim process is concluded with an opinion from the Medical Review Panel. However, if a claim is not timely filed and opened the suit will have prescribed e.g. the Statute of Limitations will have run out. You really need to seek the advice of counsel.
    Answer Applies to: Louisiana
    Replied: 2/25/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    There are indeed time limits to file lawsuits again physicians . States may vary on these limits .
    Answer Applies to: Illinois
    Replied: 2/25/2013
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    2 years from the last date of treatment.
    Answer Applies to: Missouri
    Replied: 2/25/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Generally 2 years. If you think this should be looked into, I can definitely help you do that. For your information and confidence, I'm listed in Best Lawyers in America, Super Lawyers, Top 100 Trial Lawyers of the National Trial Lawyers, and other top-attorney publications.
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Blaske & Blaske, P.L.C.
    Blaske & Blaske, P.L.C. | John F. Turck IV
    Two years from the date of the act or omission of malpractice, or six months from the date you discovered or should have discovered the possibility of a claim, whichever date is later. However, you cannot bring the lawsuit more than six years after the malpractice, no matter when you discovered the possibility of a claim.
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    This depends upon which state the malpractice occurred in. Statute of limitations for medical malpractice varies from state to state, but all states will have a limitation. In Arizona, it is two years from the time the malpractice is committed or two years from the date the patient was or reasonably should have become aware of the malpractice.
    Answer Applies to: Arizona
    Replied: 2/25/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    In California, generally speaking, you have one year from the date you discovered the malpractice or a reasonably prudent person would have discovered the malpractice plus an outside limit of 3 years. In other words, except in a few exceptional circumstances the longest would be 3 years. However, most cases should be brought within a year of the surgery or event which is claimed to be malpractice to be safe.
    Answer Applies to: California
    Replied: 2/25/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Generally speaking, the statute of limitations for medical malpractice is one year, but time can be extended by a number of factors. Given the complex nature of medical malpractice cases, you should immediately retain counsel.
    Answer Applies to: Ohio
    Replied: 2/25/2013
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