Statute of Limitations on Medical Malpractice

Statute of Limitations on Medical Malpractice

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Learning you suffered a preventable injury due to medical malpractice can be devastating. You might need additional medical treatment or surgeries that you did not initially require. You might have worse complications and need extended hospitalization and treatment due to your preventable injuries.

In some situations, families lose a close loved one because of medical errors. For example, a failure to properly diagnose and treat a life-threatening condition can lead to a preventable death. A severe surgical error can also lead to a patient’s death.

Whether you suffered injuries or lost a family member, you deserve justice for the harm caused. Medical professionals, facilities, and other parties should be responsible for compensating you for your losses, and you can seek compensation by filing a medical malpractice insurance claim or lawsuit.

While some claims resolve directly with insurance companies, others might require filing a lawsuit in civil court. While the idea of a legal case may seem daunting in the face of your injuries, know that you have limited time to initiate a case in court.

Never wait to speak with our medical malpractice attorneys about your options and the deadlines that might apply to your case.

What is a Statute of Limitations?

A statute of limitations legally sets out a specific time frame for you or other injured individuals to initiate legal action. It essentially imposes a deadline for filing a lawsuit or bringing criminal charges after a certain event has occurred.

The specific duration of a statute of limitations varies depending on the state where your injuries happened. Further, different civil actions may have different limitations periods, often reflecting the seriousness and complexity of the issues involved.

For example, some states may have shorter statutes of limitations for minor offenses or simple contract disputes, while more serious crimes or complex lawsuits may allow for longer periods.

The purpose of these time limits is to promote fairness and ensure that legal matters are resolved in a timely manner, preventing the threat of litigation from lingering indefinitely.

The law recognizes that over time, evidence can become less reliable or even disappear, making it challenging to mount a fair defense or present a convincing case. Memories fade, witnesses may be unavailable, and physical evidence can degrade. By imposing a time limit, the statute of limitations seeks to ensure that any legal proceedings you initiate occur when evidence is still reasonably fresh and accessible.

Secondly, statutes of limitations aim to provide individuals and entities with a degree of certainty and finality. Parties should have the peace of mind that after a certain period has passed, they will no longer face the threat of litigation. Just because someone caused you harm does not mean they will need to wait for years and years to see if you file a lawsuit. State law caps the time you have to help ensure a fair legal system.

Understanding the applicable statute of limitations is crucial if you have serious injuries from medical malpractice. Many states have different time limits for medical malpractice claims than for other types of personal injury cases, such as car accident injuries.

Never assume you know the right deadline for your case – instead, contact our trusted legal team to discuss your situation and any limitations on your claim.

Find More Information About This Topic For Other States Below:

• Indiana Statute of Limitations for Medical Malpractice 
• Ohio Statute of Limitations for Medical Malpractice 
• Illinois Statute of Limitations for Medical Malpractice