When you contact a medical malpractice lawyer he or she might quickly ask about the date of the medical treatment or procedure. This is because medical malpractice claims have strict statute of limitations. The sooner you call a medical malpractice lawyer, the better.
What are the time limits to filing a medical malpractice case?
If you or a loved one has been injured, or suffered harm, due to the negligent actions or decisions made by a medical professional, you might be unsure about pursuing legal action. This could lead to a delay in seeking advice from a lawyer, like a medical malpractice lawyer can turn to, until a significant amount of time has gone by. Furthermore you might begin to feel as if you’re “alive” and don’t want to go through the hassle of a claim or lawsuit. What you might not realize is that a medical malpractice lawyer will generally handle the complicated parts of a case so you can focus on your recovery.
When it comes to medical malpractice claims, the plaintiff typically has between one and three years to file. This is dependent upon the type of claim, whether or not a government entity is involved, and the state. If you miss this deadline, you may be unable to file a claim no matter what merit you might have.
Often medical malpractice statutes are shorter than other types of personal injuries. Even if you are not 100 percent sure about filing a claim or lawsuit, you may want to consult with a knowledgeable medical malpractice lawyer who can advise you of your rights and options.
When the Statute Begins
Every court has a different view on when the statute of limitations for medical malpractice cases begins. The difference can be a reflection on the language used in the legislation and also the courts’ view on the case and merit of the injured party versus protecting those who may be negligent and able to dually defend themselves with records, witnesses, and memory recollection.
The following are some considerations for time limits that a court might oblige by:
- The statute begins on the date of the occurrence of the act
- When the plaintiff claims malpractice
- When the act or omission of the act resulted in harm
- When the plaintiff realized he or she was harmed
- When the treatment or procedure concluded
If a person lost their life due to medical malpractice, wrongful death statute of limitations might apply. If the court decides the case should adhere to the statute of wrongful death, it must then say when that statute begins. It could be:
- When the plaintiff died
- When the action that may have caused the death, occurred
- When the plaintiff discovers the death was caused by malpractice
- The last date of treatment
Would You Like a Complimentary Evaluation of Your Medical Malpractice Case?
Whether you are the victim or a loved one of medical malpractice, it is important to take the necessary steps to protect yourself and your rights. Don’t waste any time thinking about whether or not you have, or want to file, a claim. Rather, get advice from a medical malpractice lawyer who cares. Call now.
