The Medical Malpractice Statute Of Limitations

It’s easy to allow your attorney to handle all of the legal matters of your case while you wait to see how things turn out. Both you and your attorney will be better off if you try to educate yourself about some of the more important details of your case, so that you’ll have a better understanding of what’s going on and your attorney won’t have to take time away from your case to answer questions to which you could find the answers on your own.

The medical malpractice statute of limitations is something that you’ll most definitely want to brush up on, since it places a limit on how much time you have to file your malpractice suit. In most states you’ll have to file your case within a few years of the occurrence of the injury. The longer you wait to file your case, the more you jeopardize your chances of winning.

Malpractice attorneys have to pay close attention to the statute of limitations in medical malpractice cases, and letting a statute of limitations run out before filing a case is one of the most prevalent reasons for attorney malpractice claims.

With medical malpractice claims, it can be difficult to identify the alleged injury, sometimes taking individuals several months or years before they actually notice that anything is wrong. A patient might not notice that a piece of medical equipment was left inside of them during a surgery since the symptoms can start off as mild and worsen as time goes by. It can take a while for the doctor to figure out just what it is that’s bothering the patient.

Should you find out that the statute of limitation for medical practice has passed for your case, you still have the discovery rule to turn to. With the discovery rule, the medical malpractice statute of limitations doesn’t start until the individual’s injury is initially discovered or when the patient should have known that something wasn’t right. If a negligent medical practitioner were to cause an injury that makes the patient cough up blood, then that is a clue to the patient that something is wrong. At that time they should get the problem checked out. Whenever the cause is discovered is when the statute of limitations would begin to run.

Medical malpractice claims can be quite complex, so you should act as quickly as possible and educate yourself in order to stand the best chance of winning your case and to help your attorney to better help you.

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