Prescription in Medical Malpractice Cases

Most of the cases I turn down are medical malpractice cases that are brought too late, or "prescribed." To make a claim for malpractice, the general rule is that you have 1 year to file the claim. But, the law lets you file a claim up to a maximum of 3 years later - if you did not know that malpractice occurred.

I once handled a wrongful death case for a young woman who died from lung cancer. A chest x ray was taken when she had her youngest child. The hospital said the x ray was normal. Almost 3 years later, another chest x-ray was taken when she became ill. It showed lung cancer. On closer inspection, that first x ray 3 years earlier showed the first sign of her cancer. We successfully prosecuted that case because the law allowed us to file within 1 year after the 2d x ray was taken. You should consult with a legal expert to find out the time limits that apply to your case.

I'm Attorney Greg DiLeo, and this has been "Your Legal Minute."