If you've been harmed by a health care provider's mistake, and you're thinking about filing a medical malpractice claim, you need to get familiar with a law called a "statute of limitations." In this article, we'll explain why it's crucial to comply with the lawsuit-filing deadlines set by these laws, how the filing deadline typically works in the context of a medical malpractice case, when an extension of time might be possible, and more.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a time limit on the right to have a court consider a request for a legal remedy. Put into more practical terms, these laws tell you how much time can pass before you must get a lawsuit filed in your state’s civil courts.
There are different time limits for different kinds of cases, but every statute of limitations is the same in terms of the importance of the filing deadline: miss it, and you’ve likely lost your right to file a lawsuit over whatever caused you harm (more on this later).
The Statute of Limitations "Clock" for Medical Malpractice Lawsuits
Every state has passed its own version of a statute of limitations for medical malpractice lawsuits against doctors, hospitals, and other health care providers, and most states set the filing deadline around two years after the commission of the underlying medical error. So, the "clock" usually starts running on the date of the health care provider's alleged malpractice—the date of the misdiagnosis, the surgical error, or whatever action or inaction is said to amount to medical negligence.
The "Discovery Rule" Can Delay the Medical Malpractice Statute of Limitations "Clock"
Many states follow a "discovery" rule in medical malpractice cases. This rule says that the statute of limitations "clock" might not begin to run until the injured patient actually "discovers"—or, in the eyes of the law, could reasonably be expected to discover—that they were harmed by a health care provider's negligence.
What Is the "Statute of Repose" In a Medical Malpractice Case?
Even in states that follow the "discovery" rule, there may also be an over-arching time limit (known as a "statute of repose") that applies to how much time can pass before a medical malpractice lawsuit must be filed.
For example, the statute of limitations in a state may say that an injured plaintiff must file a medical malpractice lawsuit within two years of the occurrence or discovery of a medical error, but if more than five years have passed since the error occurred, the lawsuit is barred under the "statute of repose" (even if the patient could not have reasonably been expected to discover the error before those five years passed).
What If I Miss the Statute of Limitations Deadline?
As touched on above, if the window of time designated by the statute of limitations has closed—the law says your medical malpractice lawsuit must be filed within two years of the underlying medical error, for example, and you try to file the lawsuit one month after that two-year period has ended—it’s a near-certainty that the court will dismiss your case.
This kind of dismissal will be on "procedural" grounds, meaning the court will throw the case out without considering its merits, but the effect is brutal: you will have lost your right to ask a court for a legal remedy for the health care provider's wrongdoing, no matter how egregious the error, or how badly you were harmed by it. In this way, compliance with the statute of limitations can be seen as a prerequisite to a successful lawsuit.
Learn more about missing the statute of limitations deadline in an injury case.
Special Circumstances That Can Extend the Filing Deadline
In every state, there are situations that could change aspects of the statute of limitations "clock"—when it starts running, and when it might be “paused”—so that the filing deadline is effectively extended. These rules vary from state to state, but some examples of circumstances that might alter the computation of the statute of limitations include:
- when the health care provider's mistake wasn't discoverable right away (as we discussed above)
- where a foreign object (i.e. a surgical instrument) was left in the patient's body
- where the health care provider committed fraud or otherwise concealed the occurrence of the medical mistake
- where the injured patient was under the age of 18 (or was an infant) when the underlying medical error occurred
- where the injured patient was mentally incapacitated or subject to some other legal disability at the time of the underlying medical error, and
- where the health care provider left the state for a certain amount of time after the commission of the medical error, and before a lawsuit could be filed.
Get more details on extending the statute of limitations deadline in an injury case.
What's the Statute of Limitations for a Medical Malpractice Lawsuit In My State?
Now that you have a sense of how the statute of limitations works, get the details on the medical malpractice statute of limitations in your state (from AllLaw.com).
Getting Help With a Medical Malpractice Case
if you’ve got questions about the medical malpractice statute of limitations and how it applies to your situation—especially if the filing deadline may be approaching—it may be time to talk to an experienced medical malpractice lawyer.