Each case is different and requires special advice which you must seek immediately if you think you have a medical malpractice case. A good rule of thumb is that you have two years from the date of the malpractice. However, because people often do not know they have been a victim of malpractice when it occurs, an exception known as the “discovery rule” can extend the two year limitations period to allow a person to file a lawsuit two years from the date they knew or should have known of the malpractice. For example, if you had a surgery and did not know nor could you know the doctor left a knife in your body until three years later, you might have two years from the date you discovered that the knife was inadvertently left in your body. Many different factual scenarios exist which impact how long you have to file a lawsuit, including cases involving minors and death cases. If you think you have a potential medical malpractice lawsuit, you must see an attorney immediately for advice on when to file suit.