Medical Malpractice Statute of Limitations

Statute of Limitations refers to legislation that specifies how much time you have to start a lawsuit after the negligent act took place or was discovered. Different jurisdictions have different timeframes, and you need specific advice from an experienced lawyer in your jurisdiction to be sure. The following is intended to be simply a guide as many exceptions and rules apply. In a general sense the various Statute of Limitations are:

• Canada – 2 years
• USA – 2 years with some important exceptions such as: 1 year in Kentucky, Louisiana, Tennessee, and Ohio; 5 years in Maryland
• UK – 3 years
• Ireland – 2 years
• Australia – 3 to 6 years . Rules vary greatly depending on the State or Territory
• New Zealand – a No-Fault system where cases are assessed on their unique merits according to established rules and precedents

There are general exemptions to these time frames:

• If the negligent event was only discovered after the expiry of the limitation period
• If the person was a child at the time of the negligent event
• If the person is mentally incapable