what is the statute of limitations for a medical malpractice?
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what is the statute of limitations for a medical malpractice?
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Asked on November 2, 2016 under Malpractice Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A wrongful death case in your state has a two year statute of limitations, which means that the action or lawsuit would have to be filed within two years of the alleged malpractice which caused her death. Note that it may not be economically worthwhile for your family to do this:
1) Generally, the amount of compensation you can get as a non-spouse for wrongful death is largely related to the deceased's life expectancy and earning potential; if your mother in law was elderly and was not working, this may not be a large amount.
2) Any type of malpractice case or medical wrongful death case can be expensive, since you have to hire a medical expert or experts to analyze all the medical records and tests, write reports, testify, etc. This is a cost you would likely have to bear out of pocket.
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