Is there a statute of limitations to file for legal action on a doctor that operated on you?
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Is there a statute of limitations to file for legal action on a doctor that operated on you?
Asked on February 2, 2014 under Malpractice Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
In your state, as a general matter, the statute of limitations for medical malpractice is two years. That is calculated from when the alleged malpractice (e.g. the surgery) took place, or from the first date that the patient could have reasonably discovered the injury or malpractice. In the event something (e.g. a sponge; a scalpel) was left inside the patient, the patient gets one year from the date the foreign object was actually discovered. However, in all events, even in the event of a foreign object left in a patient, all actons must be commenced within 6 years; 6 years is the outer limit.
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