Color WARNING: The time limitations for bringing a lawsuit vary widely with the particular facts of your case and whether your case is brought against government agency. What follows is not intended, nor can it be relied upon, as advice for your particular case. As in every other kind of civil claim or lawsuit, there is a time period within which a lawsuit must be filed. Failure to file within that time period means that the case will be forever barred, and you will never receive compensation for your loss. This is known as the statute of limitations. Typically, the statute of limitations begins to run when a person knew or should know he has a claim. If a foreign object or apparatus was negligently left in the body, the statute of limitations is two years from the date of discovery, or when it should have been discovered. HOWEVER, the limitation in no event shall be less than three years after the placement or leaving of the object or apparatus. If the case does not involve such an object or apparatus, the statute of limitations is three years from the date of discovery of the malpractice, NOT TO EXCEED six years from the date of the occurrence. In the case of a minor, or insane person or a prisoner, the time period may be extended. However, in the case of a minor, the limitation cannot be extended greater than seven years. For example: if a six year old child is injured by a negligent doctor, his lawsuit must be filed within ten years, seven years of extension plus three years for the statute of limitations. See "TIME LIMITATIONS" under Personal Injury / Wrongful Death. See "TIME LIMITATIONS" under Personal Injury / Wrongful Death. return to top