Q What is the statute of limitations to file my medical malpractice case?
If you're the victim of medical malpractice, you must comply with Idaho’s laws for these cases if you want to obtain the compensation you deserve for your injuries. For example, you must have a medical expert with specific qualifications in order to pursue your claim. Another critical rule to know and follow is the statute of limitations for filing your lawsuit. If you do not comply with this important deadline, your complaint would be dismissed, and you would be barred from obtaining compensation.
Idaho’s Statute of Limitations in Medical Malpractice Cases
The statute of limitations is the time period you have to file a lawsuit against the doctor, nurse, hospital, or other medical professional who committed medical malpractice that resulted in your injuries.
You must file your complaint within these deadlines:
- In general, your complaint must be filed within two years from the date of the malpractice.
- If a foreign object was left in your body, the time period to sue is either one year from when you discovered or should have discovered the injury; or two years from the date the malpractice occurred, whichever is later.
- If the victim is a minor under 18 years old or mentally incompetent, the time period to sue is tolled—or put on hold—until the person turns 18 years old or becomes mentally competent. However, the statute of limitations cannot be tolled for more than six years.
- When medical malpractice causes someone's death, his or her family has two years from the date of victim's death to file a wrongful death action.
Idaho’s medical malpractice laws are complex and confusing. It's critical that you contact a qualified medical malpractice attorney as soon as possible to not miss the statute of limitations or other state law requirements for pursuing your claim for compensation. Fill out my online form or call me today at 888.716.8021 to schedule a free, no-obligation appointment.