What is the Statute of Limitations for Medical Malpractice Claims?

The following post is from Percy Martinez Law Firm in Orlando, FL.

Every law has a set time frame for filing a medical malpractice claim. Not only does it apply to medical malpractice claims, but to any other legal claim that wants to be filed. This is called “statute of limitations.” Below will be described how important it is to file a medical malpractice within its time frame and how a claim will be affected by the statute of limitations.

Statute of Limitations Defined

The statute of limitations is a law that limits a person’s time in filing a lawsuit. Depending on the claim that is filed, different deadlines are permitted. The statute of limitations for a personal injury lawsuit might be completely different than the statute of limitation for a breach of contract. Regardless of the time frame being different, the end results will always be the same: if a person does not file within the permitted time frame, their case will be dismissed. A person’s right to be compensated will be lost. Because of these reasons, it is important to understand how long a person has to file a medical malpractice lawsuit. Additionally, the state in which the claim is filed impacts the statute of limitation. Many states have a specific statute of limitations for these types of claims.

The medical malpractice lawyers at Percy Martinez Law Firm can help a victim of a medical malpractice file a claim within the allowed time frame.

Statute of Limitation For Medical Malpractice By State

Some states have two-time frames because it takes into consideration whether the victim discovered or realized medical negligence had occurred to them. These are the statute of limitations for medical malpractice for every state:

  • Alabama has a two or four-year limitation
  • Alaska has a two-year limitation
  • Arizona has a two-year limitation
  • Arkansas has a three-year limitation
  • California has a one or three-year limitation
  • Colorado has a two-year limitation
  • Connecticut has a two or three-year limitation
  • District Columbia has a three-year limitation
  • Delaware has a two-year limitation
  • Florida has a two or four-year limitation
  • Georgia has a two-year limitation
  • Hawaii has a two or six-year limitation
  • Idaho has a two-year limitation
  • Illinois has a two-year limitation
  • Indiana has a two-year limitation
  • Iowa has a two-year limitation
  • Kansas has a two-year limitation
  • Kentucky has a one-year limitation
  • Louisiana has a one-year limitation
  • Maine has a three-year limitation
  • Maryland has a three or five-year limitation
  • Massachusetts has a three or five-year limitation
  • Michigan has a two-year limitation
  • Minnesota has a four-year limitation
  • Mississippi has a two or seven-year limitation
  • Missouri has a two or ten-year limitation
  • Montana has a three-year limitation
  • Nebraska has a two-year limitation
  • Nevada has a two or four-year limitation
  • New Hampshire has a three-year limitation
  • New Jersey has a two-year limitation
  • New Mexico has a three-year limitation
  • New York has a two and a half year limitation
  • North Carolina has three to ten-year limitation
  • North Dakota has a two-year limitation
  • Ohio has a one or four-year limitation
  • Oklahoma has a two-year limitation
  • Oregon has a two-year limitation
  • Pennsylvania has a two-year limitation
  • Rhode Island has a three-year limitation
  • South Carolina has a three-year limitation
  • South Dakota has a two-year limitation
  • Tennesse has a one-year limitation
  • Texas has a two-year limitation
  • Utah has a two-year limitation
  • Vermont has a three-year limitation
  • Virginia has a two to ten-year limitation
  • Washington has a three-year limitation
  • West Virginia has a two-year limitation
  • Wisconsin has a three-year limitation
  • Wyoming has a two-year limitation

Many laws recognize that it wouldn’t be fair for a person to lose their right to file a claim if they never even knew that they were harmed by a medical malpractice. This is where states have adopted the “discovery rule.” With this rule in place, the statute of limitation does not start until after the person has discovered that they were harmed by a medical malpractice.

Helping Victims of Medical Malpractice File Claims in Orlando

Filing a medical malpractice claim depends on many laws and regulations. A person must know which laws apply to their case and the state in which they are filing. A person seeking help in Orlando can contact an attorney from Percy Martinez Law Firm to help them file their case within the allowed time frame and win what they are entitled to.