Confronting the trauma of sexual abuse by a doctor is a deeply personal journey. Every survivor is different, and there is no “right” course of action in these cases. While healing takes time, the legal system can limit when you can seek justice through the courts.
Many survivors are surprised to learn that the law sets specific deadlines for filing sexual abuse lawsuits, known as statutes of limitations. If you plan on pursuing a doctor sexual abuse lawsuit against an abusive healthcare worker, it is important to understand these time constraints and act quickly to preserve your legal rights.
The Statutes of Limitations in Medical Sexual Abuse Cases
The statute of limitations for medical sexual abuse lawsuits varies from state to state. Your specific deadline will depend on the state where you plan to file your claim, but if you miss the appropriate timeframe, the court will likely dismiss your case. It is important to consult with an attorney to determine when you need to file.
For example, in California, adult victims of sexual abuse have 10 years from the date of the last abusive act or three years from discovering an injury or illness resulting from the abuse to file their claim—whichever is later. Child victims in California have until their 40th birthday or within five years of discovering the abuse.
In 2019, New York extended its statute of limitations for adult survivors of sexual abuse to 20 years. For child victims, the deadline extends until they reach 55 years of age. Texas allows child victims 30 years from their 18th birthday to file a lawsuit, while adult victims have five years from the date of the attack.
Exceptions to Standard Statutes of Limitations
In rare cases, certain factors may extend the filing deadline for sexual abuse cases. While each state has its own rules, there are common exceptions to the standard statute of limitations that you may encounter:
- The Discovery Rule: The discovery rule is an exception that allows the statute of limitations to begin when the victim discovers or reasonably should have discovered that they were injured. In medical sexual abuse cases, many survivors do not realize that they experienced abuse until later—especially if they were children.
- Child Victims: Many states have special considerations for child victims, often extending the statute of limitations well into adulthood. This acknowledges that children may not fully understand or be able to report abuse until years later.
- Lookback Windows: Some states have implemented lookback windows that temporarily suspend the statute of limitations, allowing victims to file lawsuits regardless of when the abuse occurred. These windows typically cover abuse that took place between specific dates or was committed by certain parties.
Schedule a Free, Confidential Consultation with Estey & Bomberger, LLP
Time is critical when considering legal action against a doctor for sexual abuse. Waiting too long to file a lawsuit against the liable party may result in losing your right to seek justice and compensation. Additionally, as time passes, evidence can become harder to gather, and memories may fade, potentially weakening your case.
If you want to pursue legal action, reach out to a lawyer as soon as possible. At Estey & Bomberger, LLP, our medical sexual abuse lawsuit attorneys can help you navigate these deadlines, initiate your claim, and fight for the compensation that you deserve. Contact us at (800) 260-7197 for a confidential consultation and determine your path forward.