Is there a time limitation on medical malpractice or neglect case? 25 Answers as of February 17, 2012

I had a problem with my father's surgery in 2006. There was no monitoring devices used.

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Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
MEDICAL MALPRACTICE - STATUTE OF LIMITATIONS - ADULT: Under California law, medical malpractice actions involving injury or death (a lawsuit filed with the Court) must be commenced within one (1) year from the date that the injured person knew, or through the exercise of reasonable diligence should have known, of the injury and of its negligent cause, or, three (3) years from the date of the actual injury, whichever occurs first. The three-year limitation period above may be tolled (extended or lengthened) if there is fraud or intentional concealment by a defendant, or when a foreign object with no therapeutic purpose (examples, sponge, surgical knife, etc.) is left in the human body. See Code of Civil Procedure Section 340.5. See also Ashworth v. Memorial Hosp. of Long Beach (1988) 206 Cal. App. 3d 1046. A Code of Civil Procedure section 364 NOTICE CAN, IN CERTAIN CASES EXTEND THE STATUTE: California law provides, in many cases, that by serving a written notice on a health care provider, within the 90 days before the applicable statute of limitations period expires, the statute of limitations time deadline may be extended by 90 days. Russell v. Stanford University Hospital (1997) 15 Cal.4th 783. Caveat/Warning: This extension only applies to MICRA causes of action for professional malpractice, not to non-MICRA counts such as battery. And it only tolls (delays) to those person's named in the CCP 364 pre-lawsuit notice. Hanooka v. Pinko (1994) 22 Cal.App. 4th 1553; Derderian v. Dietrick (1997) 56 Cal.App.4th 892. However, so much uncertainty concerning in calculating statute of limitations in medical malpractice cases, it is urged that you take the necessary steps to file a lawsuit within the shortest possible period applicable and without regard to the CCP Section 364 statute of limitations extension provision. Note: Arbitration agreements, depending on the terms of the agreement and the laws in effect, may modify the statute of limitations in medical malpractice cases.
Answer Applies to: California
Replied: 11/8/2011
Chalat Hatten Koupal & Banker PC
Chalat Hatten Koupal & Banker PC | Linda Chalat
Yes, in Colorado there is a two year statute of limitations for medical malpractice claims, you must file your claim within two years of the alleged negligence or lose your right to do so.
Answer Applies to: Colorado
Replied: 11/3/2011
McKell Christiansen
McKell Christiansen | Michael McKell
Two years in Utah.
Answer Applies to: Utah
Replied: 11/2/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
There is a statute of repose that prohibits lawsuits against health care professionals more than 4 years from the actual act of negligence, so it's too late if this happened in 2006. The statute of limitations is 2 years from the date you discovered the malpractice.
Answer Applies to: Florida
Replied: 11/2/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Most cases for personal injuries must be commenced within three years.
Answer Applies to: Washington
Replied: 11/2/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There's a two and one half year time limit.
    Answer Applies to: New York
    Replied: 11/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, generally, in NYS, the statute of limitations is 2 1/2 years from the incident or the discovery of the malpractice for you to start your action against the doctor or hospital. However, there are other types of actions also availablethat may have longerstatutes of limitations which a personal injury lawyer can discuss with you at length. Consult with a local personal injury lawyer right away, but don't be too surprised if the statute has already run out.
    Answer Applies to: New York
    Replied: 11/2/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    Medical malpractice and negligence both have a 2 year statutes of limitation.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    In Utah, the statute of limitations for medical malpractice is 2 years. If your father's surgery was in 2006, and that is when the malpractice occurred, then the statute of limitations most likely has already past and the claim is extinguished.
    Answer Applies to: Utah
    Replied: 11/2/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    In most cases, there is a 2 year statute of limitations for tort claims; including medical malpractice claims.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Yes. There are statutes of limitation that set forth the time limits for different types of cases in every state. You need to consult a lawyer who is licensed in the state where you live to determine the applicable time limits.
    Answer Applies to: Virginia
    Replied: 11/2/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The statute of limitations is 2 1/2 years. That may be extended if there was after-care treatment. There could also be an extension if he died within that time.
    Answer Applies to: New York
    Replied: 11/2/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Typically, it's 2.5 years from the date of negligence so you may be time barred. Go see an attorney and give them all of the facts as there are some exceptions that toll the statute of limitations.
    Answer Applies to: New York
    Replied: 11/2/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Yes and you are well past it.
    Answer Applies to: Texas
    Replied: 11/2/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    There ate different statutes of limitation which apply to specific cases. For personal injury cases in Indiana it is two years. However, you may want to consult with a plaintiff's medical malpractice attorney regarding your father's surgery and medical problems to see if the statute of limitation was tolled in any way so that a timely action can still be initiated.
    Answer Applies to: Indiana
    Replied: 11/2/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    The statute of limitations (the time you have to sue in court) is 3 years from the date of wrongdoing for negligence cases and 3 years for malpractice cases - the 3 years starts when the injury or malpractice took place, or 3 years from when you reasonably discovered the doctor's negligence. As a general rule, lawyers use the date of malpractice - in this case it was 5 years ago and probably too late.
    Answer Applies to: Massachusetts
    Replied: 11/1/2011
    Langer & Langer
    Langer & Langer | Jon Schmoll
    The medical malpractice statute of limitations in Indiana is generally two years from the date of the negligent act.
    Answer Applies to: Indiana
    Replied: 11/1/2011
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