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That's why it's crucial to pay attention to the statute of limitations as it applies to your situation, or risk losing your right to sue. In the chart below, you'll find links to details on the statute of limitations that applies to medical malpractice cases in your state.
If you've been injured by a health care provider's mistake, and you're thinking about filing a medical malpractice claim, one of your first considerations is the "statute of limitations"—the law that sets a deadline on your right to have a court hear your case.
So, let's say that the standard statute of limitations for medical malpractice in your state is three years. If you were harmed by a botched surgery on September 1, 2023, you would have until September 1, 2026 to get your lawsuit filed, unless an exception applies.
The statute of limitations limits how long a patient has to file a medical malpractice lawsuit. The time limit varies by state but is generally between two and four years.
The statute of limitations restricts the time in which you can bring a medical malpractice claim, but the discovery rule may lengthen it if the injury was not immediately apparent.
If you think you might have a valid medical malpractice case -- meaning you believe you've been harmed by sub-standard medical care at the hands of a doctor or other health care professional -- it's time to understand the statute of limitations that applies to these kinds of lawsuits in your state.
Wondering how long after surgery can you sue for medical malpractice? The answer varies depending on your state and where the alleged misconduct occurred. It’s important to know your state’s medical malpractice statute of limitations so your claim doesn’t get barred from the courts.