Q: I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff
if yea i thought there is a 2 year statute of limitation
A: There is a two-year SOL. I did not say that you, specifically, could be added because many more details are needed to perform that analysis. If your involvement "relates back" to the same transaction and occurrence that is the subject of the filed lawsuit and it can be demonstrated that you are not prejudiced by adding you after the SOL, it may be possible to add you. If this is a legal malpractice claim, you are an attorney and should be able to perform the analysis on your own. Moreover, you probably have legal malpractice insurance which will provide counsel to guide you and to defend the claim. If this is medical malpractice, you or the individuals for whom you worked at the time of the incident had or should have had medical malpractice insurance which will provide counsel. That attorney who represents you is in the best position to give you the best answer possible. I am not trying to equivocate but that is the best that I can do.
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A:
Even if you aren’t a named defendant, being served a subpoena means someone thinks you have information relevant to the case. You could be a witness or have records the plaintiff needs to build their argument. Being subpoenaed doesn’t mean you’re being sued—it just means your involvement might help clarify what happened.
As for the statute of limitations, most medical malpractice claims do have a two-year limit, but that clock usually starts ticking from the date the injury was discovered or should have been discovered. There are exceptions that might extend the timeline, such as delayed discovery or fraud. So, a case filed in January 2023 could still be valid if the injury was realized late or other exceptions apply.
If you’re confused about why you were subpoenaed, it’s okay to contact the attorney who sent it to ask what they’re seeking. Don’t ignore it—there can be legal consequences for failing to respond. You don’t need to panic, but you should take it seriously. If you're unsure how to respond or what you're being asked to provide, it’s okay to ask for help before you take any action.
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