Trial Attorney Blog
Medical malpractice cases are governed by statutes of limitations, which define the timeframe in which a patient can file a lawsuit against a healthcare professional or institution for negligence. These statutes vary according to the jurisdiction and facts of the case. Individuals seeking legal redress for medical malpractice must first understand the limitations period. This article will delve into the complexities of the medical malpractice statute of limitations, its significance, the factors influencing it, and how to effectively navigate the legal process.
Understanding the Law of Limitations for Medical Malpractice
The statute of limitations for medical malpractice refers to when a patient can initiate legal action against a healthcare provider for alleged negligence. Knowing this timeframe is crucial as it holds great importance in assessing the feasibility of pursuing a medical malpractice case. Although the exact duration varies across different jurisdictions, it generally commences either from the occurrence of the malpractice or from its discovery, often referred to as the “discovery rule.”