What is the statute of limitations in a medical malpractice case?

The statute of limitations in a medical malpractice case defines the period in which a patient can bring a claim. It usually starts running when the incident occurs, but it may be extended when a patient is receiving a continuing course of treatment from the same provider. The statute of limitations also may be extended based on the discovery rule. This applies when a patient did not have an opportunity to discover the malpractice when it first happened. Finally, victims of birth injuries may benefit from a longer statute of limitations, which may even extend until they turn 18.