What’s actually statute of limitations? According to the law of the state in which the patient lives, the patient can bring a lawsuit against the hospital staff and health care providers. This lawsuit is called medical liability or medical malpractice. If a healthcare worker causes injury or death to a patient due to an omission or negligence.
For damage compensation, the patient must establish:
- Standard of care and that the doctor violated that standard.
- The doctor had a duty to the patient.
- The breach of the standard of care caused the harm suffered by the patient.
- Compensable injury.
All states have deadlines within which a patient can file a lawsuit if they are injured, known as the statute of limitations for malpractice and medical malpractice.
This table summarizes state statutes of limitations for adults and minors. Most states have special sections for malpractice claims against minors.
Medical Malpractice Payouts By State check HERE.
State statutes of limitations by state:
- Alabama – 2 or 4 years
- Alaska – 2 years
- Arizona – 2 years
- Arkansas – 3 years
- California – 1 or 3 years
- Colorado – 2 years
- Connecticut – 2 or 3 years
- D.C. – 3 years
- Delaware – 2 years
- Florida – 2 or 4 years
- Georgia for – 2 years
- Hawaii – 2 or 6 years
- Idaho – 2 years
- Illinois – 2 years
- Indiana – 2 years
- Iowa – 2 years
- Kansas – 2 years
- Kentucky – 1 year
- Louisiana – 1 year
- Maryland – 3 or 5 years
- Massachusetts – 3 years
- Michigan – 2 years
- Minnesota – 4 years
- Mississippi – 2 or 7 years
- Missouri – 2 or 10 years
- Montana – 3 years
- Nebraska – 2 years
- Nevada – 2 or 4 years
- New Hampshire – 3 years
- New Jersey – 2 years
- N. Mexico – 3 years
- N.Y for – 2 and a half years
- North Carolina – 3 to 10 years
- North Dakota – 2 years
- Ohio – 1 or 4 years
- Oklahoma – 2 years
- Oregon – 2 years
- Pennsylvania – 2 years
- Rhode Island – 3 years
- South Carolina – 3 years
- South Dakota – 2 years
- Tennessee – 1 year
- Texas – 2 years
- Utah – 2 years
- Vermont – 3 years
- Virginia – 2 to 10 years
- Washington – 3 years
- West Virginia – 2 years
- Wisconsin – 3 years
- Wyoming – 2 years
What exactly is the statute of limitations?
In fact, it is a statute of limitations that sets a certain limited legal period during which the injured patient has the right to file a lawsuit. If a request is not submitted and evidence is not presented within that specified period, the injured patient loses the right to initiate legal proceedings. This is an important part that must be taken into account in time.
Statute of Limitations for Malpractice Claims
Statutes of limitations vary greatly by state and can be very complicated, and also very fact and evidence dependent. It is very important to have an experienced attorney on your side as soon as possible so that you can discuss everything. And in order to reach a solution and correctly submit legal advice. If you wait too long, you risk losing the right to take any action against your doctor.
Wondering what medical malpractice is? HERE you can find some answers.
Legal aid in malpractice claims
When it comes to medical malpractice lawsuits, the entire process comes with many rules and regulations. These rules and regulations vary from state to state. For this reason, ask for advice and all other information from a lawyer who will greatly ease your legal burden. Nedim Ramic and Bajric & Ramic team of attorneys are here for you, and you should not hesitate to call us today for a free consultation. The time is of the esence. If you find these information above useful, but you have more questions regarding the subject, or you just need legal help straight forward, give us a call on 314 352 6800 and get free consultations today!
