The statute of limitations in a medical malpractice case is 2 and a half years from the date of malpractice. With that being said, that timeline can change.
What I mean by that is, let’s use a surgical example. So, you have a surgery on a given day, you’re not getting better, and for the next year, every month, you go back to the doctor with that same complaint. The two and a half years starts from the last office visit, not the date of surgery. In medical malpractice cases, we often deal with what’s known as wrongful death. The wrongful death statute is 2 years from the date of death, but then we have the continuous treatment statute that can elongate the time in which to present the case.