What is the Medical Malpractice Statute of Limitations? | Medical Malpractice Attorneys
The Statute of Limitations for claims of medical negligence is one of many intricate, interconnected factors that might affect a personal injury lawsuit. You could be unclear about the legal process if you were injured as a result of medical negligence or malpractice.
We advise you to work with a skilled medical malpractice attorney to make sure that all case requirements are completed. To schedule a free consultation with a lawyer in our network, contact us at 11112222.
You should continue reading if you’re interested in learning more about the law governing statute of limitations restrictions.
Medical Malpractice Limitations Period
Not just in cases involving medical misconduct, but in all legal proceedings, the statute of limitations is a crucial notion. The statute of limitations must be followed in order for your case to not be automatically dismissed and you to be barred from taking further legal action. Avoiding breaking the statute of limitations is essential.
What are the limitations periods for medical malpractice?
The statute of limitations is, to put it simply, a deadline that pertains to your legal rights. This deadline period’s duration varies from case to case and even between states.
In California, a medical malpractice suit has a three-year statute of limitations that runs from the date of the injury. In contrast, the statute of limitations for wrongful termination claims in New York is only 300 days, beginning on the day of termination.
You forfeit your legal right to launch a lawsuit and seek damages if you fail to submit your claim before the deadline has passed. In other words, you will have missed your chance to seek legal redress!
Early consultation with a lawyer for medical malpractice
One procedural issue that can have a substantial impact on your case is the statute of limitations. You might not even be aware of all the procedural problems that could render your claims invalid as a non-lawyer plaintiff! This makes working with an attorney as soon as possible absolutely essential.
You see, a lawyer does more than represent clients in court. They take on a wide range of responsibilities throughout the litigation process, from gathering evidence and researching the relevant facts to negotiating with the opposing counsel and ultimately presenting and arguing your case in court.
Your lawyer’s responsibility is to see to it that your case is handled properly, including adhering to the statute of limitations date. They must do due diligence to make sure that any possible claims are found and submitted before the deadline. So it’s important to get the correct lawyer.
Is There a Way Around Statute of Limitations?
If the statute of limitations has already passed, are you out of luck? Not necessarily.
In most jurisdictions, there is something called the “Discovery Rule.” This works as an exception to the statute of limitations deadline, expanding it under very specific case circumstances.
How Does the Rule of Discovery Apply?
The statute of limitations deadline does not start to “countdown” under the discovery rule until you are aware—or ought to have known—that a claim for damages is actionable. We are aware that this is a lot of legalese, so here is an application and simplification example.
What Does Medical Negligence Look Like in the Real World?
Consider visiting a doctor for a diagnostic exam because your back hurts. The doctor only performs a quick examination and doesn’t probe too deeply. He recommends some simple pain relievers, presuming your back pain is little. Despite your explanation of the particulars of your back problem, he doesn’t order any extra testing and doesn’t send you to a specialist. They include things like dull pain and a lack of prior back pain difficulties.
You find out you have cancer three years after it first appeared in your back. You would not have been able to detect the first doctor’s error, but he did. Because of his carelessness, that doctor engaged in malpractice. Since the appointment took place three years ago, it would appear on the surface that your statute of limitations date has already gone. The discovery rule, however, enables you to begin the countdown as soon as you learned that the doctor had committed malpractice. As a result, you may still submit the claim because your deadline was still in effect.
Have I Got a Case?
For a Free Consultation, call 11112222.
Have medical professionals injured you as a result of their carelessness, recklessness, or even deliberate misconduct? If so, the law may allow you to file a medical negligence claim and receive a sizable settlement. Our skilled lawyers can be of assistance. For a Free Consultation, call 11112222.
How Can a Medical Malpractice Attorney Help?
Here at 11112222, we run a sizable network of attorneys dedicated to assisting hurt clients who want to file lawsuits against individuals who caused them harm. For a totally free and private consultation, contact us right away. We’ll connect you within 10 minutes or less with a knowledgeable personal injury lawyer.