Personal Injury: When to Claim Medical Malpractice

Medical malpractice cases must be claimed soon after the injury. The statute of limitations, or the time period in which you must bring a medical malpractice claim is usually between six months and two years, depending on the state.  If you don’t file the lawsuit within the specified period of time, the court will dismiss the case regardless of the facts.

When the time period begins also depends on the state. In some states, time available to you to bring a claim starts when the negligent act occurred; in others, it starts when the patient should have discovered the injury.

A lawsuit for Nevada medical malpractice must be filed within one year of when the plaintiff discovers the malpractice or through the use of reasonable diligence should have discovered the malpractice or within three years of the date of injury, whichever is earlier.

For help determining who was at fault in your particular medical malpractice case, contact Reno personal injury lawyer Gene Drakulich for a free consultation.