You must file a medical malpractice claim within two and a half years of the malpractice. Exceptions extend to situations where you were not aware of the healthcare provider’s error. In this case, the rule of discovery applies, extending the deadline to file a medical malpractice claim as follows:
For a foreign object in the body — within one year after the discovery
For failure to diagnose cancer — within two and a half years after the discovery, but not more than seven years after the missed diagnosis
If you do not file your claim before the statute of limitations expires, you lose the opportunity to seek compensation.