What is the time limit to file a malpractice or medical negligence suit? 25 Answers as of June 02, 2013

My 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?

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Sounds like you might have had a case but unfortunately the statute of limitations in a death case is 2 years.
Answer Applies to: North Carolina
Replied: 11/3/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Typically, 2.5 years from the date of malpractice. You're in trouble on this one. Go see an attorney personally. Posted on the web won't give you the answers you seek.
Answer Applies to: New York
Replied: 11/2/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
That would be 2 years.
Answer Applies to: Michigan
Replied: 6/2/2013
Bernard Huff, Attorney/Mediator
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
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. This may be extended somewhat because there was a death involved. But, if it was a State-owned hospital, it may be shortened.
Answer Applies to: New York
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 lawsuits for personal injuries due to negligence must be commenced within three years.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    The statute of limitations is 2 years for medical malpractice and negligence claims.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    The time limit is two years. There is a discovery rule that can expand that period but that probably would not apply in your circumstances.
    Answer Applies to: Pennsylvania
    Replied: 11/2/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Two and one half years for malpractice and two years for wrongful death.
    Answer Applies to: New York
    Replied: 11/2/2011
    The Carlile Law Firm, LLP
    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
    Replied: 11/2/2011
    J Wayne Turley BC
    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
    Replied: 11/2/2011
    Langer & Langer
    Langer & Langer | Jon Schmoll
    In Indiana, the case you describe would have to be filed within two years of the day after surgery . There is nothing in your facts which would extend the two year from the date of negligence statute of limitations.
    Answer Applies to: Indiana
    Replied: 11/2/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    In Indiana, the statute of limitations is 2 years.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    While that is a tragic story the statute of limitations in Idaho is 2 years.
    Answer Applies to: Idaho
    Replied: 11/2/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Three years from the date of the event.
    Answer Applies to: Montana
    Replied: 11/2/2011
    Painter Law Firm PLLC
    Painter Law Firm PLLC | Robert Painter
    The statute of limitations for a medical malpractice case is two years from the date the alleged negligence occurred.
    Answer Applies to: Texas
    Replied: 11/2/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    The normal time limit is 3 years or 1 year from the date of discovery. Since your Mother was in the room, I suspect you would have a hard time getting past the three year limitation.
    Answer Applies to: Washington
    Replied: 11/2/2011
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