What if I didn’t discover that I was injured until after the medical malpractice statute of limitations have expired?Return to FAQ Videos
Generally there’s a two year statute of limitations to file a lawsuit. If you don’t file within two years, you’re forever barred to have a claim. Now there are exceptions. If somebody’s under the age of 18 or if they’re incompetent, the statute might run longer. In a situation also where you don’t know about your injury until a couple years later. Let’s say, a surgeon leaves an instrument inside you, it would run from two years from the date of discovery. It’s best to file within two years from the date of the surgery, but sometimes you can get this extended. But you have to be careful. If you’re on social media and you’re saying from day one that I knew I was injured or I knew I had problems from day one, the two years might then again run from the date of the mistake, rather than the date of the discovery. Please give me a call so I can go over this with you.