Is there an expiration on the amount of time you can sue for malpractice?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there an expiration on the amount of time you can sue for malpractice?

Background: I had pre-eclampsia 6 years ago and almost bled to death. They had to take out my Uterus to save my life. I had signs of the disease but my doctor did not tell me about them nor did she warn me. I was not able to do anything then but wish to now, if possible. As you can imagine I have difficulty with the fact that I cannot carry another child.

Asked on May 19, 2015 under Malpractice Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, in your state, it would be too late to bring a legal action. A lawsuit must be commenced (filed) within what is called the "statute of limitations." In your state, the time to bring a medical malpractice case is within 2 years of when you discovered the condition, but never more than 4 years from when the alleged malpractice was committed. If the pre-eclampsia was 6 years ago, then based on what you write, it would too late to bring a legal action for malpractice in connection with it.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, it is too late for you to file a lawsuit in a medical malpractice case because the statute of limitations has expired.

Utah has a two year statute of limitations which states that the lawsuit in a medical malpractice case must be filed within two years after the plaintiff or patient discovers or through the use of reasonable diligence should have discovered the injury.

No such action shall be brought once 4 years have passed since the medical error occurred except in cases where a foreign object was left in the patient's body and in cases where the health care provider concealed the malpractice through fraud.  In those two types of cases, the plaintiff has one year to file the lawsuit once the existence of the malpractice case has been discovered.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption