Page 18 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

When can I be sued?

The time limitation within which a lawsuit must be filed with

the court is a statute of limitation. The statute of limitations for
medical malpractice actions are established by the legislature

and vary from state-to-state. In most states, the statute of
limitations is in the range of one to three years. As always,

there are exceptions that can extend the limitations period. For
example, most jurisdictions extend the statute of limitations in

the following instances:

 When the patient is a minor

 When there is a retained foreign object

 When the healthcare provider commits fraud or
concealment

 When there is a statutory notice requirement (this will be
discussed in detail later in this course)

The date when the limitations period begins to run is defined

by statute and is usually worded as commencing when the

“plaintiff knew or should have known” that he or she had a
cause of action.

Plaintiffs’ attorneys often wait until the last minute before the

statute of limitations expires to file a client’s lawsuit. Reasons
for this tactic include: the physician will likely forget the events,

witnesses for the defense – such as nurses and techs – will
relocate or become unavailable, and the plaintiff may have

greater damages to present to the jury. Thus, the plaintiffs’

attorneys try to extend the limitations period as long as
possible so they can hopefully gain a tactical advantage. It is

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