What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Missing this deadline typically means losing the right to sue forever, regardless of the merits of your case.
General Rules for Medical Malpractice
Most states set medical malpractice statutes of limitations at 1-3 years from the date of injury or discovery of injury. However, many states have special rules for cases involving minors that can significantly extend these deadlines.
Special Rules for Minors
Many states "toll" (pause) the statute of limitations for minors:
- ✓Some states allow filing until the child turns 18, plus the standard limitation period
- ✓Others add a specific number of years to the child's 18th birthday
- ✓Some states have separate minor and adult deadlines, with the longer one applying
- ✓Rules vary significantly by state—check your jurisdiction
Discovery Rule
Some states start the clock when the injury is or should have been discovered, not when it occurred. This can be important for birth injuries that aren't immediately apparent, such as developmental delays that emerge later in childhood.
Why You Shouldn't Wait
Even with extended deadlines for minors, there are strong reasons to act quickly: memories fade, witnesses become unavailable, medical records may be lost, and evidence deteriorates. Starting early also allows time for the extensive investigation these cases require.