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-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
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 it form an attorney-client relationship.]
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.
A roundup of the best tips and legal advice.