Time limits to engage Medical Malpractice Experts, Medical Expert Witness Services

TIME LIMITS FOR ENGAGING MEDICAL MALPRACTICE EXPERTS

You cannot wait too long before thinking about a medical expert for your medical malpractice case.

With certain exceptions and qualifications, attorneys have from one to three years from the date of the alleged negligent act or omission in which to bring a medical malpractice action. For example, Kentucky and Louisiana require that medical malpractice actions be brought within one year of the time of patient injury. Iowa and Kansas have two-year statutes. Maine and Massachusetts have three-year statutes. All too often, attorneys wait until the statute is about to run before seriously thinking about engaging medical experts for their medical malpractice case. This sometimes limits the search to the most available, rather than the most qualified.

What about wrongful death from medical negligence? For many states, the limits are the same as for medical malpractice injury -- but not always. The District of Columbia requires that wrongful death actions be filed within one year. Medical malpractice claims in DC have a three-year statute of limitations.