How does the statute of limitations affect the deadline for filing a medical malpractice case when the victim dies from the medical malpractice?
The statute of limitations is one of the most significant things we look at in our cases. It’s a two year statute in general for all malpractice cases. In wrongful death, it’s a hard stop at two years, and two years from the date of death. Once the statute of limitations runs, the case is permanently barred. The effect is that’s the end of the case, so the sooner you consult a lawyer after a malpractice event or a wrongful death case involving malpractice, the better.