Statute of Limitations
The statute of limitations on a medical malpractice case generally requires that an injured patient file a lawsuit either (1) within three years from the date of the negligent treatment or (2) within one year of the time the patient reasonably should have discovered that negligent treatment had caused their injury, whichever occurs later. However, there are exceptions based on where the treatment was provided and the type of provider involved. The statute of limitations may, in fact, be much shorter. There are also circumstances where notice must be provided to a provider in advance of being able to file a lawsuit. Further, in many cases, the statute of limitations may be paused for up to a year if the patient makes a written, good-faith request to the provider to engage in pre-lawsuit mediation. Thus, it is important to consult with an experienced attorney early in any potential case to ensure that you are aware of the actual statute of limitations and any notice that may be necessary.