Best Estate Planning Attorneys in Dover, DE

Are There Limitations Periods in Medical Malpractice Cases? Yes, there certainly are limitations periods in medical malpractice cases. There is a limit on the amount of time you have to file a lawsuit after a medical error is committed. The law that sets a time limit is called a “statute of limitations”. The statute of limitations in the state where the medical error occurred will most likely be the statute of limitations that applies. Different states have different limitations periods. For example, in Delaware, the statute of limitations on a case involving injuries resulting from a medical error generally requires the lawsuit to be filed within two years after the error. But if that same case occurred across the line in Maryland, in most cases the Maryland statute of limitations would require the case to be filed within five years from the date of the error, or within three years after the error was discovered (whichever comes first). (These statute of limitations rules are/were generally accurate as of the date this webpage was published, but things change. You should consult with an attorney in your jurisdiction rather than an Internet webpage if you require accurate, up-to-date advice about the statute of limitations in your case).