Answer:
Generally speaking, a victim of medical malpractice has a limited time period in which they must pursue their claim or be forever barred. Certain exceptions do exist under the law in certain circumstances. For instance, the time period may be extended for certain individuals, including those who are minors when the malpractice occurred. Additionally, in certain instances, such as when a medical profession conceals the incident of malpractice, victims that did not know, and could not have known of the malpractice until sometime after the incident are allotted additional time under the law to file a lawsuit. The foregoing exceptions are fact sensitive and require the analysis of a qualified attorney to determine if they are applicable.
A potential claimant should always seek the advice of an attorney without delay. In certain cases, there may also be other deadlines within the first two years that may also impact the case. For example, claims against government entities may require that the entity or entities be put on "notice" much earlier than the statute of limitations period. Furthermore, given that a medical and legal analysis must be done prior to filing a lawsuit, one should not wait until the statute of limitations period is nearing its end because the attorney may not have enough time to complete the review prior to its expiration.
It is also advisable to consult an attorney as soon as possible for other reasons as well. Memories of the event or events in question tend to fade in witnesses, potential witnesses may later be unavailable because they have moved, become incapacitated, etc.
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