Is there a statute of limitations in regards to medical malpractice?

Asked almost 3 years ago - Kansas City, KS

An accident occurred about 27 years agao.

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is way too late.

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  2. Michael Scott Rothrock

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There is a statute of limitations for almost every civil claim in each state. Generally, the statute of limitations runs from 2-4 years depending on the type of claim and the state. Some states in medical malpractice actions have implemented what is known as the "discovery" rule, which will toll the running of the statute of limitations until the date the malpractice is discovered or reasonably should have been discovered. However, after 27 years the odds of you being able to act on your potential claim is likely very slim if not non-existent.

    This information is provided for general purposes only and should not be construed as legal advice. No attorney-... more
  3. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . Sometimes the limitations period starts to run when the victim discovers or should have discovered the malpractice. It appears unlikely that any claim would be appropriate after 27 years had elapsed.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  4. Sandra S. Neuman

    Contributor Level 6

    Answered . Every state has statutes setting specific times within which lawsuits have to be filed. In Kansas, medical malpractice cases have to be filed 2 years FROM THE DATE OF THE DISCOVERY of the malpractice. If you have known about the malpractice longer than 2 years, you will probably be unable to pursue a claim.

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