What is the time limit to file a malpractice or medical negligence suit? 25 Answers as of June 02, 2013My father was kept in a hospital overnight for observation after an outpatient surgery. He was not hooked up to any monitors at all, just a nurse stepping into the room every hour or so and my mother staying in the room with him overnight. My mother noticed he wasn't breathing and called the nurse. After rescue efforts, he was in a coma and brain dead. I'm finding out now that he was not hooked up to any monitors at all to track for any irregular breathing or heartbeat. What was the point of observing him overnight if they didn't expect much of a problem enough to put some kind of monitor on him? This happened in 2006, what is the time limit to file something on this?
Bernard Huff, Attorney/Mediator | Bernard Huff
For personal injury claims in Indiana, the two year statute of limitation period applies.From your stated facts, it appears that you are time-barred from initiating a legalaction on behalf of your father.However, Youmay consult with a medical malpractice lawyer to see if the statute may have beentolled with respect to an alleged medical malpractice claim on behalf of your father.
Answer Applies to: Indiana
The Carlile Law Firm, LLP | D. Scott Carlile
The general time limit is 2 years from the date of the negligent act. In this case it probably means two years from the date he was placed in observation. The only exception that could apply is if the hospital / doctors did anything to hide or conceal their negligence and you just found out then you might be able to sue.
Answer Applies to: Texas
J Wayne Turley BC | Wayne Turley
The statute of limitations for a medical malpractice claim in Arizona is generally two years from the date of the malpractice, with some exceptions. There is also a two year statute of limitations for a wrongful death claim in most cases.
Answer Applies to: Arizona
Buff & Chronister | G. Scott Buff
The statute of limitations to bring a lawsuit for medical malpractice is two years from the date of the negligent act or omission. This statute of limitations can be tolled under certain circumstances. It does not sound as though in your case that the statute of limitations would have been tolled.
Answer Applies to: Georgia