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Home  >  Articles  >  Medical Malpractice and the Statute of Limitations

Medical Malpractice and the Statute of Limitations

If a medical patient suffers from injuries due to a doctor’s mistakes, the individual can choose to pursue a course of legal action against the medical professional at fault. A patient may want to take the time to consider the full range of their legal options, but they will eventually need to make a decision. Unfortunately, if a person waits too long after suffering from medical malpractice, that claim may expire. This is due to a law found in each state known as the statute of limitations.

Understanding the Statute of Limitations

With the statute of limitations, a state decides how long an individual can wait to file a medical malpractice claim. Often, this amount of time varies based on the different types of claims. For instance, person may have a different amount of time to file for medical practice as opposed to other forms of personal injury.

In addition to regulating the amount of time that an individual has to file, a person should understand the following:

  • Minors can often wait longer to file than adults
  • The time limit may not start until the individual realizes they are injured
  • If the time limit expires, the claim cannot be filed

The statute of limitations does not allow the same amount of time in every state. An injured patient needs to consult with an experienced attorney in order to determine the best time to file before the time limit expires.

Contact Us

If you or someone you love has suffered because of a negligent physician or nurse, legal action may be available. To discuss your options further, contact the New Jersey medical malpractice attorneys of Levinson Axelrod, P.A., today at 800-346-5529.