How Long Do You Have to Sue a Hospital for Medical Malpractice?

How Long Do You Have to Sue a Hospital for Medical Malpractice?

Posted By Maher Law Firm || 3-Jul-2017

In every state, there are time limits for the filing of lawsuits, known as statutes of limitation. If you are injured due to medical malpractice, one of the biggest mistakes you can make is waiting too long to file a claim. A few states have time limits as short as a year from the date of treatment, while the average is approximately 2 years to file a medical malpractice lawsuit.

Discovery Rule

The “discovery rule” suspends a statute of limitations until an injury due to malpractice is, or should have been, discovered. For example, if a doctor leaves a small sponge inside of your stomach after surgery and you don’t find out about the sponge until 3 years later, the statute of limitations starts then and not when the malpractice occurred. However, if there is evidence that proves you should have known about the object, your case could be dismissed.

Continuous Treatment Rule

Certain states have a “continuous treatment rule,” which means the beginning of a statute of limitations starts only after the health care provider has stopped treating you for your condition. If a doctor injures you during surgery and continues treating you for another 2 years, the statute of limitations won’t begin until the treatment is complete.

Infancy Toll

If you were harmed as an infant/minor, your statute of limitations may be extended to give you enough time to file a lawsuit.

Talk to one of our experienced Orlando personal injury lawyers at The Maher Law Firm today! We can handle all the details of your personal injury claim and help you get the compensation you need and deserve.

Call (855) 338-0720 or contact us online to speak with an attorney.
Categories: Medical Malpractice
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