The Medical Malpractice Statute of Limitations

According to the law of medical malpractice, the medical malpractice statute of limitations relates to the amount of time that can elapse from when an injury or even a fatality occurs (or in the case of an injury – is recognized), to the time when a corresponding malpractice suit is first recorded.

Where a malpractice suit is begun outside of this time constraint, the defending physician is well within his or her rights to request that the case be dismissed on the grounds that the statute has expired. However, it is the defending physician’s duty and no one else’s to notify the authorities to any such expiration.

The actual duration of the medical malpractice statute of limitations can vary from anywhere between 6 months and four years. This is determined by the variant of the statute as employed from state to state. There are some instances, notably with cases involving minors, when the duration may be extended until the injured party reaches a particular age, but once again, this can vary from one state to the next.

Under normal circumstances, a medical malpractice statute of limitations commences from the date that the incident took place. There are some circumstances however when the injury cannot be discovered at the exact time it happens, and doesn’t become apparent until a certain time after the actual causation event took place. A good example would be if a foreign body of some description (a tool, or swabs etc), were to be left inside a patient’s body during an operation, the patient then being sewn up with the foreign body still inside him/her.

Any discomfort, pain, or subsequent infection may not become apparent until several months (perhaps even years) after the operation. In this type of instance, the “kick off” date for the commencement of the action would be the actual date when the discomfort was first felt or correctly diagnosed for what it really was.

If you, yourself have suffered some form of mistreatment, or you are following up on behalf of a relative or loved one, you should talk to a lawyer who specializes in medical malpractice cases. Regardless of the situation in relation to the medical malpractice statute of limitations, you will be assured of being given the right advice.

If you do elect to file a suit for malpractice, choosing the right lawyer is probably the most important decision you will make. The law of medical malpractice is quite complicated and so it is imperative that you are represented by a good lawyer who knows the ropes inside out, including of course the medical malpractice statute of limitations.

The expenses involved in these sorts of cases can be quite frighteningly high to account for the hire not only of the lawyer, but also of your medical doctor who will swear a expert statement of opinion on behalf of your case. Because of this, lawyers who specialize in medical malpractice cases will not take specific cases on unless they involve a fatality or a major injury.

But the starting point in any malpractice suit will always be ensuring that you check on the medical malpractice statute of limitations as it is interpreted in your state, just to make sure you are still within the appropriate time frame to initiate the action.

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Medical Malpractice Statute Of Limitations

statute of limitations on medical malpractice

The Medical Malpractice Statute of Limitations

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