Statute of Limitations for Medical Malpractice
The statute of limitations implies the duration within which a patient can successfully file a medical malpractice case. This period differs for different state and even varies for different medical malpractice situations. Besides, the medical malpractice statute of limitations may be subject to certain exceptions. This is to accommodate for certain medical errors that can only be identified after a considerable lapse of time, such as when a surgical instrument is left in the patient’s body.
To understand the medical malpractice laws and exceptions in Montana, approach an established attorney. Solomon Neuhardt, a Member of the Montana Trial Lawyers Association, is a renowned name in Montana medical malpractice law.
In Montana, the standard statute of limitations for medical malpractice is three years, which may begin either on the day of the injury or on the day of discovering the injury. This statute is applicable to all minors above four years of age. For minors below four years, the statute becomes applicable on their eighth birthday.
Remember, a medical malpractice case not be filed if more than five years have lapsed since the injury. Also, a lawsuit for wrongful death has to be filed by the deceased person’s family member or estate within three years of the death.
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