Medical malpractice is one of the most dangerous issues in the healthcare industry. As a result of medical malpractice, more victims die that might have survived otherwise. It also happens to be one of the hardest types of lawsuits to prove in court, which is why people often take their time when hiring a medical malpractice lawyer.
However, there’s only so much time you can spend seeking out lawyers specializing in medical malpractice. Each state, including Florida, has a statute of limitations on how long it can take for a medical malpractice lawsuit to happen after malpractice has been uncovered.
A good rule of thumb is that you should start calling up a lawyer as soon as possible, since compiling evidence becomes increasingly difficult as days pass. But, how late is too late by law? Here’s what you need to know.
What Does Medical Malpractice Mean?
Medical malpractice has different definitions in each state. For example, in New Jersey malpractice has to show proof of malice or intent to harm in order to be worth compensation. In the state of Florida it doesn’t.
Generally speaking, you should call a medical malpractice lawyer if any of the following are true:
- Your doctor made a serious diagnosis mistake that resulted in injury or death. Mistakes happen, but if the mistake was very clearly an inaccurate diagnosis, you may have a case on your hand.
- The doctor in question made an error during a procedure that was clearly negligent. Leaving something in your body during a surgery, for example, would be a good reason to call a lawyer.
- You suffered a preventable injury or accident in a hospital. Even if it wasn’t a diagnosis-related issue, this can be grounds for malpractice.
- Hospital staff neglected you. Leaving a person in bed without food or water for days, for example, could be grounds for a lawsuit.
The Statute Of Limitations By State
| State | Statute of Limitations |
| Alabama | 2 or 4 years |
| Alaska | 2 years |
| Arizona | 2 years |
| Arkansas | 3 years |
| California | 1 or 3 years |
| Colorado | 2 years |
| Connecticut | 2 years |
| Delaware | 2 years |
| Florida | 2 of 4 years |
| Georgia | 2 years |
| Hawaii | 2 or 6 years |
| Idaho | 2 years |
| Illinois | 2 years |
| Indiana | 2 years |
| Iowa | 2 years |
| Kansas | 2 years |
| Kentucky | 1 year |
| Louisiana | 1 year |
| Maine | 3 years |
| Maryland | 3 or 5 years |
| Michigan | 2 years |
| Minnesota | 4 years |
| Mississippi | 2 or 7 years |
| Missouri | 2 or 10 years |
| Montana | 3 years |
| Nebraska | 2 years |
| Nevada | 2 or 4 years |
| New Jersey | 2 years |
| New Hampshire | 3 years |
| New Mexico | 3 years |
| New York | 2.5 years |
| North Carolina | 3 to 10 years |
| North Dakota | 2 years |
| Ohio | 1 to 4 years |
| Oregon | 2 years |
| Oklahoma | 2 years |
| Pennsylvania | 2 years |
| Rhode Island | 3 years |
| South Carolina | 3 years |
| South Dakota | 2 years |
| Tennessee | 1 year |
| Texas | 2 years |
| Utah | 2 years |
| Vermont | 3 years |
| Virginia | 2 to 10 years |
| Washington | 3 years |
| West Virginia | 2 years |
| Wisconsin | 3 years |
| Wyoming | 2 years |
Why Do Some States Have Multiple Statutes Of Limitations?
Some states have laws that allow individuals to file lawsuits under special circumstances, such as late discoveries or particularly dangerous injuries that may have taken years to fully treat. That being said, a good rule of thumb is to assume that you have, at most, two years to file a suit.
What Happens If You Just Discovered Malpractice?
Most states have special accommodations for victims who only recently discovered they were dealing with malpractice. If you only recently uncovered alarming news, the best thing that you can do is to call a lawyer to determine your next move and if the statute of limitations has passed.
Ask A Lawyer For Help
Malpractice is not easy to prove in court, and requires a deep knowledge of medical law. If you feel you have a case, the best move you can do is call a qualified lawyer with extensive experience in medical malpractice cases.
Unsure if the graph should remain in for a backlink article. Seems more like a main article thing to me.
