Minneapolis medical malpractice attorney Shannon Carey discusses the different statute of limitations for various medical malpractice claims.
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Generally, the statute of limitation is four years from the date of the malpractice, and that’s for adults, anyone that’s 18 and older, so you have four years to bring your claim. And it’s really important to not wait until last year, and the reason I say that is because medical malpractice claims are very difficult to pursue, and you need time to review it and to investigate it. So if you’re going in the last year, you’re really putting yourself up against the crunch time, so it’s important to be aware of what your statute of limitations may be, and then, we pursue the claim within that timeframe.
Now if it’s a wrongful death claim where somebody has passed away, the statute of limitations is three years from the date of malpractice, and that’s a whole different situation, and then, there’s a lot of the statute of limitations for a child is different as well. And there’s so many different things with a child, but I think the safest thing to do is if you are parent that has a potential malpractice claim for your child, it’s important to look at that four year statute and keep that in mind because the parents may have an offshoot of a claim for their child. And their statute is still four years, so it’s important to contact an attorney within that timeframe, but then the child’s statute of limitations is longer than that.
So it’s a little bit confusing, and you would really need to talk to an attorney to get a sense of that, but I think if you are looking for a child just better to err on the side of four years in case the parents have a claim as well versus kind of the exceptions to the rule. And if you talk to an attorney, they’ll walk you through what those exceptions are.