Is there an expiration on the amount of time you can sue for malpractice?
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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 8 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 8 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.
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