Understanding Medical Malpractice Statutes of Limitations

 Medical Malpractice Lawyer

When it comes to medical malpractice, statutes of limitation can get complex fast. Understanding the specific restrictions impacting your medical malpractice claim is crucial to getting the compensation you need when you need it.

About Statutes of Limitations

Statutes of limitations are best described as laws setting a maximum time after an incident in which the victim has time to file a court case. These restrictions are typically governed by individual states, which can result in many confusing deadlines. When it comes to medical malpractice, matters get particularly tricky since most states have created three or four-part statutes. These may involve:

  • Standard deadline
  • Discovery Rule
  • Deadlines for children
  • Statute of repose

It’s best to work with a medical malpractice lawyer to navigate these rules, but being aware can also help as you research whether to file.

The Standard Deadline

A standard deadline typically gives a victim from two to six years after the alleged malpractice to file suit. Fail to file during this time and you may lost your right to sue forever.

The Discovery Rule

Next there is the discovery rule. There are exceptions to the standard deadline and this is one of them. Say you are a victim of medical malpractice but don’t realize you have a claim until years have gone by. This is a common situation in medical malpractice, and states created this rule in response. A typical discovery rule says the clock on the statute of limitations starts running once the victim had sufficient notice of harm.

The Statute of Limitations for Minor Children

Medical malpractice concerning children under 18 is governed by this specific rule. As with any statute, it sets a deadline for filing but takes into account the unique circumstances of child healthcare when starting the clock ticking toward a lawsuit deadline.

The Statute of Repose

The final part of a standard medical malpractice statute is often referred to as the statute of repose. It may go by different names in different states; a medical malpractice lawyer can help you learn if your state has one and what it’s called. This rule creates an absolute deadline on claims. It spells out, for example, that no claim may be filed after 20 years, no matter what.

Medical malpractice can be devastating and its effects lingering. Don’t miss out on your chance to get compensated for your suffering. Arrange a consultation with a medical malpractice lawyer to learn your rights as soon as possible so you don’t miss critical deadlines.

Resource: Medical Malpractice Lawyer Harrisonburg, VA, MartinWren, P.C.

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