Statute of Limitations Regarding Medical Malpractice

In almost every claim that someone decides to do, there is a statute of limitations attached to it. The law sets their own rules on the deadlines for filing a claim. We will explain how this deadline can have an effect on claiming through a medical malpractice, and how deadlines should be paid attention to because they are of significant importance.

Statute of Limitations

Defining Statute of Limitations

Limiting the amount someone has to bring the claim to the light is referred to as the ‘statute of limitations’. Each case and state has their own rules and deadlines for the variety of claims needed to file. The statute of limitations for a worker’s compensation claim might not have the same content as that of someone being injured on a cruise ship. The main concept remains the same for no matter what claim it is: you must file within the specific time frame given. In is vital in doing so because your case can get tossed and all your rights go out the window.

In Regards to a Medical Malpractice

Each state has its own set of laws when dealing with medical malpractice statute of limitations. These claims undergo a statute of limitations because with cases involving one’s health, it could take countless time before the person that was injured even realizes they were. A great example would be that of someone that had a foreign object left inside of them during an operation. No one might realize that something is initially wrong, but consequences of that negligence can come about months, and even years after.

Discovery Rule

Most states recognize that it is not fair for someone to not be able to file a claim and lose their rights without ever having known about the harm that was done to them. This is why the ‘discovery rule’ invented. In those moments where someone didn’t know about the harm done to them, and their time limit passed, some leniency Now, if you make yourself oblivious to symptoms indicating that something may be wrong, then this won’t apply to you.

For instances, a patient undergoes a surgery and everything seems to have been according to plan. A couple of months later, the patient starts to have a stabbing, burning, and debilitating pain on the area of the procedure. The patient decides to complete ignore the symptoms and does not proceed in seeking medical assistance, it is then that the discovery rule would not be valid for the patient.

The Vital Significance of Having a Legal Counsel

Medical malpractice cases are delicate in nature and need a medical malpractice attorney to assist in the process. Many ropes and ladders are required in a medical malpractice claim. We aid in climbing those obstacles. We anticipate all the requirements in relation to a medical malpractice claim, and have had more than 20 years fighting medical facilities, medical professionals, and insurance companies in order to get what is rightfully owed to the victim.

We will be happy to hear your thoughts

Leave a reply