Oklahoma City Personal Injury Lawyers

Oklahoma City Medical Malpractice Statute of Limitations

The statute of limitations is the deadline by which a plaintiff must file a personal injury claim. If the statute of limitations passes before a claim is filed, the case would be dismissed.

The Oklahoma City medical malpractice statute of limitations is generally two years from the date of the malpractice or when the injury stemming from the malpractice could have reasonably been discovered. Sometimes, the patient may not know right away something is wrong until six months or a year after the fact, so the clock would start when the malpractice was recorded or known to the patient.

If you believe that you have been injured as the result of a doctor’s error, reach out to a medical malpractice lawyer as soon as possible. An attorney could help put together a claim package and demand the compensation you deserve.

How Statutes of Limitations Vary

The statutes of limitations vary for different kinds of cases. If a minor is involved, for example, the statute of limitations runs until they turn 19, regardless of the date of the original injury. If a state-owned facility or governmental tort entity is involved, the claim must presented to the governmental entity within a year. If the government entity does not respond in 90 days, the claim is deemed to have been denied, and the plaintiff has 180 days to file suit after that.

A longer statute of limitations may be available in certain situations. In complex cases, such as when the plaintiff’s injury is not directly related to the act of malpractice, the statute of limitations might be three years from the actual injury. Ultimately, a judge has final say over whether a claim has been filed on time or should be dismissed.

Calculating the Statute of Limitations

The statute of limitations for a medical malpractice case is calculated two years from the date the malpractice occurred, unless there is reason for the malpractice not to be known by the patient until sometime after the initial malpractice.

The statute of limitations differs for a minor, who would have until they reach their 19th birthday, even if the initial injury took place when they were ten years-old or younger. Only a legal guardian would be able to file a claim for a medical malpractice injury that affected a minor.

Hiring a Medical Malpractice Attorney

When dealing with a medical malpractice injury, a potential plaintiff should talk to an attorney immediately to protect their claim. It is essential that a medical malpractice claim be filed promptly, lest the plaintiff lose any chance of recovering compensation.

If you have been injured by a doctor, nurse, dentist, surgeon, or another medical professional, you have the right to pursue compensation for the associated damages. Unfortunately, the Oklahoma City medical malpractice statute of limitations could lead to an early dismissal of your case. Reach out to an experienced attorney as soon as possible to schedule an initial consultation and begin filing a claim.