Medical malpractice occurs when a healthcare professional deviates from the accepted standards of care and causes injury or harm to a patient. If someone you know is a victim of medical malpractice, it is essential to understand the statute of limitations for such cases.
Medical malpractice victims are most likely to be occupied with factors such as seeking better medical help and recovering from the illness. In such cases, it will become ideal for medical malpractice victims to hire a lawyer from the top law firm to handle their legal cases.
What is the statute of limitations?
Before you understand the statute of limitations for medical malpractice cases, it will be ideal to become aware of the fundamentals. A statute of limitations is a law that sets a time limit for filing a legal claim. In the case of medical malpractice, the statute of limitations varies from state to state.
In some states, the time limit is as short as one year, while in others, it can be as long as six years. It is important to note that the statute of limitations begins to run from the date of the alleged malpractice and not from the date of discovery of the injury.
It is essential to file a claim as soon as possible, as the statute of limitations can expire before you are even aware that you have a claim. Once the statute of limitations has expired, you will not be able to file a claim, regardless of the strength of your case.
In some cases, the statute of limitations may be extended. For example, if the patient is a minor at the time of the alleged malpractice, the statute of limitations may be extended until the patient reaches the age of majority. Additionally, if the patient is deemed mentally incompetent, the statute of limitations may be extended until the patient is deemed competent.
What is the statute of limitations for medical malpractice cases?
When filing a medical malpractice claim, it is crucial to have all the necessary documentation. It includes medical records, witness statements, and expert opinions. These documents will help to establish that the healthcare professional deviated from the accepted standards of care and caused injury or harm to the patient.
It is also essential to work with an experienced medical malpractice attorney. An attorney can advise you on your case’s statute of limitations and help you gather the necessary documentation. They will also be able to represent you in court and negotiate with the healthcare professional or their insurance company.