Statute of Limitations: Medical Malpractice

A statute of limitations is the amount of time in which someone must pursue legal action from the date an incident occurred. When it comes to medical malpractice, the statute of limitations varies from state to state. The two most important aspects to keep in mind are the length of time in which you have to file a case and how to determine the start date of said timeline. Therefore, it is important to know what the limits and exceptions are for your state.

Rhode Island

In the state of Rhode Island, patients who have experienced medical malpractice are given up to 3 years from the date of treatment to begin pursuing legal action. If the harm done to the patient is not noticeable until later, they are given up to 3 years to pursue legal action starting on the date that the harm was first considered reasonably noticeable.

Massachusetts

In the state of Massachusetts, patients who have experienced medical malpractice are given up to 3 years from the date of malpractice to begin pursuing legal action. If the harm done to the patient is not noticeable until later, they are given up to 3 years to pursue legal action starting on the date that the harm was first considered reasonably noticeable. In addition, the medical malpractice case may not exceed 7 years beyond when the malpractice occurred. This means, for example, that even if the harm was not noticed until 5 years past the date of the malpractice, the patient only has 2 years to pursue legal action. If the harm was noticed 8 years past the date of the malpractice, the patient is no longer able to pursue legal action. Massachusetts also has a cap of $500,000 for medical malpractice cases involving general damages, with exceptions only for those who have experienced permanent disfiguration or serious damage to bodily function.

Connecticut

In the state of Connecticut, patients who have experienced medical malpractice are given up to 2 years from the date of treatment to begin pursuing legal action. If the harm done to the patient is not noticeable until later, they are given up to 2 years to pursue legal action starting on the date that the harm was first considered reasonably noticeable. Similar to Massachusetts, Connecticut states that medical malpractice cases may not be pursued 3 years after the date of the malpractice, regardless of when the harm was noticed.

Each state varies when it comes to their statute of limitations regarding medical malpractice. There are other aspects of the case to keep in mind as well, such as the patient’s age, what type of harm was done, or if the doctor knowingly concealed the error.

If you have been a victim of medical malpractice, reach out to Rob Levine & Associates sooner rather than later. When it comes to pursuing legal action, the best time to do so is now.