A:The civil statute of limitations – or time allowed to file a lawsuit – varies from state to state, and it can also vary depending on the nature of the case in question. If your medical malpractice case is related to a birth injury, then the family must sue within 2 years of the injury date or before the child’s 10th birthday if it relates to a developmental disability. For other medical malpractice cases, you have 2 years to take legal action, or within 6 months of discovery if it was impossible to tell within the 2 years following the incident. This is common with cases involving long-term disorders and conditions such as cancer.