In medical malpractice claims, it is important that you are careful with time because, in these cases, you need to file the lawsuit in a specific time period, which is called the statute of limitations. It basically sets a legal deadline before which you have to file a lawsuit. This time limitation makes sure that the cases have all the evidence that is trustworthy and fresh.
If you fail to meet the statute of limitation deadline, then you will not be eligible for any compensation. The statute of limitation differs by state. Therefore, it’s important that you know your state’s statute of limitation.
If you or someone you know is going to file a medical malpractice claim, then it is important that you consult with a knowledgeable and experienced law firm such as Kelner & Kelner law firm. They can help you to protect your rights and understand these legal timelines.
What is a Statute of Limitations in Medical Malpractice?
The statute of limitation is a time limit set for the victim in which they have to file a lawsuit; If they fail to do so, they are not eligible to get any compensation. The statute of limitation can be as little as one year, while other states can give more time; for example, in New York City, it is 2.5 years or 30 months.
Although the statute of limitation is 2.5 years in New York City, it can be extended for minors. If the victim is under 18 years of age, then the statute of limitation does not start until the victim turns 18, but this can be a maximum of 10 years, not more than that.
If you are not able to file a lawsuit in the given timeframe, then the court will dismiss your claim, and you will have no option to get your compensation.
Exceptions to the Statute of Limitations
There are some exceptions to that statute of limitation, which can help in giving some claimants more time to file their claims. This can include factors like:
Discovery Rule
In some cases, the injury that is caused by malpractice is not seen immediately. In this case, the statute of limitation starts from the day the injury was discovered. For example, if any surgical error is only detected after some months, then the time frame to file the claim will begin on the date of discovery.
Foreign Object Rule
If any foreign object, such as any surgical instrument, is left inside a patient’s body, then the patient has a time limit of a year from the date the object was discovered to file a claim; this is completely independent of when the surgery was performed.
Fraud or Concealment
If the healthcare provider tries to hide the malpractice deliberately, then in such a situation, the statute of limitation can be increased, thus giving the victim more time to file the claim.
Understanding these exceptions can be hard and challenging without any expert legal advice. You should consider working with a professional when dealing with such a situation.
Steps to Take If You Think You Have a Medical Malpractice Claim
If you think that you are a victim of medical malpractice, then the right step is to take early action so that you can make sure that your rights are preserved and build a solid case.
Seek Professional Help
It is important in such a situation that you contact a professional as they can help you guide and understand your case. They can guide you with your next step.
Gather Medical Records
Make sure that you have all the medical records related to your diagnoses, treatment cards, and any sort of communication you might have had with your healthcare provider. These documents can support your case strongly and even help prove your claim.
Document Symptoms and Damages
Keep a record of your symptoms, medical treatments, and how the malpractice is affecting your life. This can be used as evidence and help you with your claim.
Take Action Before It’s Too Late
Medical malpractice cases are time-sensitive. If you or someone you know has been a victim of medical negligence, then contact an experienced medical malpractice attorney who can help you protect your rights and interests.
