The statute of limitations in medical malpractice cases is different than the statute of limitations in most cases. First of all, one must always remember that if the case involves a government entity, a claim must be brought within six months of the date of injury.
In all other cases, the complaint must be filed within three years from the date of injury or one year from the date a reasonable person should have discovered the malpractice and injury, whichever is sooner.
The law regarding the statute of limitations in medical malpractice cases is extremely complex and confusing. Therefore, a patient should always consult with an attorney as soon as possible when they suspect malpractice.
To be safe, an intent to sue letter or complaint should be filed within one year from the date of malpractice; however, the time period can be extended beyond the one-year limitation or even the three-year limitation under certain circumstances.