How long do victims of medical device injury have to bring a lawsuit?

In Kansas, victims of medical device injury have two years from the date of the injury to file a lawsuit. This two-year statute of limitations is based on the theory that sooner rather than later, closure can be provided to victims and manufacturers held accountable for their negligence. Although two years is the typical time frame, the statute of limitations can be altered based on certain factors. For example, if the victim is a minor, the statute of limitations is extended until the minor turns 18 years of age. Furthermore, if the victim is over 18 and mentally or physically incapacitated, the time frame can be extended until the victim is able to function on their own. It is important to make sure you check your individual state laws to know the exact statute of limitations for medical device injury cases. It is also important to note that the two-year statute of limitation begins at the time of the device’s malfunction or when the injury occurred. This means that if the injury is caused by a device that was implanted years ago, the two-year clock starts ticking from the date of the injury, not when the device was originally implanted. Although two years may seem like a long time, it’s important for victims of medical device injury to understand that time passes quickly and to begin the process of filing a lawsuit as soon as possible.

Related FAQs

How long do victims of medical device injury have to bring a lawsuit?

Related FAQs

Related Blog Posts