Nursing Home Negligence or Abuse
- Three years from when the injury was discovered, or reasonably should have been discovered.
- Generally, two years.
- The statute begins to run on the date of the negligent act, not when the harm is discovered.
- If foreign object is discovered after two years, there is one additional year to file suit.
- Another exception applies to “continuous treatment.” In these instances, the statute would not begin to run until the treatment has terminated; unless, however, a patient learns of the negligence during the course of treatment. The statute would begin to run when the patients is made aware of the negligence.
- A plaintiff filing a medical injury complaint may delay the statute of limitations for 90 days by serving written notice by certified mail. To be effective, this written notice must be served within 30 days before the expiration of the statute of limitations.
- None. However, if an award for future damages exceeds $100,000, the court must order periodic rather than lump-sum payments.
- Three years
- Wrongful death that is the result of medical malpractice is governed by the two year statute, not the three year wrongful death statute.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.