How Long Do I Have To Pursue A Medical malpractice Claim

All jurisdictions have laws which define how long you have to file suit against a defendant if you have not previously settled the case.   These laws are called statutes of limitations.   Generally, they are as follows:

• Maryland - Three years
• District Of Columbia - Three Years
• Virginia - Two Years

There are additional notice requirements if the defendant is considered a government entity, such as when the defendant is an employee of a County.   The requirements differ depending on the state and the type of entity.   Usually, you have at least 180 days to file the appropriate notice forms.   If you do not do so, you will in most cases be barred from making any claim against the government entity even if the statute of limitations has not passed!

In addition, each jurisdiction has specific laws as to when the statute of limitations begins to run.   If the victim of the medical malpractice was a minor, the statue may be extended.   Furthermore, I some jurisdictions, if you were not reasonably aware you were a victim of malpractice (did not know a sponge was left in you until three months later) the statue will not begin to run until you do become aware ( this is not the law in Virginia).

Since statute of limitation law is particularly tricky in the area of medical malpractice and the gathering of information to determine if you have a claim often takes a long time, it is imperative to seek the advice of an attorney as soon as possible.