Understanding The Limited Time Frames To File A Medical Malpractice Claim
Many states have passed laws that set forth the statute of limitation, or period in which a party injured by a medical professional must file a medical malpractice lawsuit.
Here is an overview of the statutes of limitations for the following states: Tennessee, Mississippi, Arkansas, and Alabama. All four have passed similar laws with a few variations.
Medical Malpractice Cases In Tennessee
In the state of Tennessee, those injured from medical negligence must take action within one year after the incident at issue. Tennessee law further requires that formal notice letters be provided to potential defendants before a medical malpractice claim may be filed. Please contact Rosenblum & Reisman to learn about possible exceptions to the above statute of limitations.
Medical Malpractice Cases In Mississippi
Mississippi law states that all negligence or wrongful death claims brought against a medical professional must be filed within two years of the date of the malpractice incident.
Medical Malpractice Cases In Arkansas
Similar to the law in Mississippi, those injured from medical malpractice in the state of Arkansas are provided two years to file their lawsuit from the date the malpractice act or omission occurred.
However, Arkansas allows a possible exception to this rule for those who have suffered injury due to a foreign object that was left inside their body after a surgical procedure.
Medical Malpractice Cases In Alabama
The state of Alabama provides injured parties two years to file a claim for medical malpractice beginning from the date the incident occurred.
However, the law provides an exception, “if the cause of action is not discovered and could not reasonably have been discovered” within the two-year window. When this occurs, a lawsuit can be filed from the date of the discovery of the act or the date that the act should’ve “reasonably been discovered.”
Seeking More Information? Reach Out To Our Team
If you or a loved one was injured by the hands of a doctor, nurse, surgeon or other medical professional, or believe a hospital or nursing home was responsible, reach out to our lawyers in Memphis at Rosenblum & Reisman for help.
With decades of combined legal experience and a proven track record of results, your case will be in good hands.