| If you have been injured by a doctor or at a hospital | | | | since the malpractice occurred) and be prevented |
| and think that you may have a medical malpractice | | | | from filing a malpractice lawsuit. Under another state's |
| case, go see a lawyer ASAP. I am not trying to scare | | | | laws, you may still be able to file a lawsuit because it is |
| you, but you only have a certain amount of time during | | | | within two years of your discovering that your doctor |
| which you must file a lawsuit. | | | | committed malpractice during surgery. |
| Every state has a statute of limitations for medical | | | | Another aspect of statute of limitations that can |
| malpractice. | | | | complicate matters is the tolling of the statute. |
| Do not rely on general statements of how long you | | | | Generally, state laws attempt to protect people that |
| have to file a lawsuit. Generally, different types of legal | | | | are under a disability. For instance, a child or someone |
| cases have different statute of limitations. For | | | | that is mentally incapacitated is not able to pursue a |
| example, if someone owes you money on a | | | | malpractice case on their own. Therefore, most states |
| promissory note and doesn't pay you, to collect the | | | | have laws that will toll or delay the start time or the |
| money, you may be required by state law to file a | | | | running time of the statute of limitations. For children, |
| collection suit within three years of the last payment. | | | | the time may start only when the child reaches the |
| However, if you were injured by a doctor or at a | | | | age of majority. For mentally incapacitated people, the |
| hospital, you may be required by state law to file a | | | | time may start when the mental disability is removed. |
| medical malpractice lawsuit within two years. | | | | The above statements of times are just examples. |
| Nothing is ever simple. One aspect of statutes of | | | | Each state has its own statute of limitation laws that |
| limitations is determining when the time begins to run. In | | | | say how long you have, when the start time is, and |
| some states, the time begins to run when the | | | | what allows the statute to be tolled. You must check |
| malpractice occurs. In other states, the time begins to | | | | with a lawyer licensed in your state to determine how |
| run when you either knew or should have known that | | | | much time you have to file a malpractice lawsuit. |
| malpractice occurred and that you may have a case. | | | | This is general information only. If you have any |
| The difference can be huge. For example, you have | | | | questions whatsoever, talk with a lawyer licensed in |
| surgery and discover two years one month later that | | | | your state. |
| the doctor committed malpractice and injured you | | | | This article may be republished, but the wording must |
| during the surgery. Under one state's laws, you may | | | | not be changed and the author links must remain |
| have missed the statute of limitations (over two years | | | | active. |