The physician you work for received notice that a patient has filed a lawsuit for a fall in the office that happened over ten years ago. It is likely that this claim will ____.

Question

A. go forward because it is a legitimate complaint
B. be barred because it falls outside the statute of limitations
C. be barred because it falls within the statute of limitations
D. not go forward because it is not a legitimate complaint
E. go forward because the patient was disabled as a result of the fall

Answer 1

B. be barred because it falls outside the statute of limitations
The statute of limitations for medical malpractice is generally 1 to 4 years from the act or occurrence of injury, or 6 months to 3 years from discovery. Since more than 10 years have passed, the claim is likely not within the statute of limitations.