How Long Do I Have to File a Medical Malpractice Case?

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When we talk about medical malpractice, we mean serious medical conditions that were caused by doctors and hospitals not doing what they should and causing a condition or injury like paralysis, cerebral palsy, shoulder dystocia, loss of an arm or leg, brain damage, and in some cases even death.

No matter the injury, medical malpractice cases in DC, Maryland and Virginia are complex, even when it comes down to timing and knowing when to file. 

Not only is the law different on the time to file a case in DC, MD, and VA, there are additional requirements to either file or serve your medical malpractice case. Generally, Virginia has a 2 year statute of limitations. DC and Maryland have a 3 year statute of limitations but there are some exceptions, depending on a number of factors.

Generally speaking, if the statute of limitations has run, you cannot bring your case - even if it is a good one. 

Here at Donahoe Kearney, we've had injured patients wanting to get help for their injury, but after waiting too long, couldn't recover anything for their legitimate injury. DO NOT WAIT - ACT NOW

Health care HMOs, doctor’s insurance companies and hospital associations are lobbying every day to make it harder for patients to recover against the corporations that cause them significant harms and losses.  The groups that represent the corporations and individuals who cause harm to patients don’t want you to recover anything for your legitimate medical malpractice case.  

So, make sure that you are doing everything right so that you can get the help you need with your injury or condition - before its too late. 

How do you do that?

These cases are complicated, so call us to discuss the specifics of what happened to you and your family - we'll work through it with you to make sure you have enough time to file your case.

So call us to discuss the specifics of what happened to you or someone in your family – for example, if a child or baby was harmed by medical malpractice, you have a longer time to file a case for that child, and there are different rules for each state based on when the harm or malpractice was discovered or whether you continued treatment with the doctor who committed the malpractice.  Call us today – don’t wait.  If you wait too long, even your meritorious case will never be heard.

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer
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