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Don't Wait Too Long To Take Medical Malpractice Legal Action
Irene Robertson
If you are suffering from the negligent or careless actions of a medical professional, know that your time to act is limited. Medical malpractice is a form of personal injury civil law, and the statute of limitations applies to all such cases. To learn more about medical malpractice and the statute of limitations, read on.
Understanding Time Limits
The statute of limitations places time limits on victims who believe they have been wronged. They exist in criminal law, contract law, civil law, and more. If you exceed the time allowed and try to file a case, your case will be "thrown out" or dismissed. No matter how egregious the harm done to you or a loved one, you must abide by the statute of limitations. Here is what else to know about this rule:
- Cases must be filed not only in a timely manner but also using the appropriate venue. If you were harmed in a medical facility in Nevada when the incident of malpractice occurred, that is where you must file the case — even if you live in another state.
- The time allowed varies not only by the state but by the type of case. For car accidents, for example, you might have about two years to file a case in many states. However, you should note that you may not get that long to file a medical malpractice case in most states. In general, this type of case has a shorter statute of limitations.
- The way the statute of limitations is set is connected to several issues. Medical malpractice insurers and their legislative lobbyists often influence the relatively short amount of time victims have available to file a case. The statute is also there to protect victims as well. Vital evidence of wrongdoing can be lost when too much time elapses before the case is heard.
- The statute of limitations clock can be paused in some situations. Known as "tolling the clock", certain circumstances can freeze the time limit and allow victims longer to file a case. Though the situation varies from state to state, being physically or mentally unable to take action can toll the clock as can being underaged. You must be over the age of consent before you can file any type of civil law case. However, minors who have been wronged by a medical professional or facility can give permission for a case to go forward to their parents. There is another important exception to the statute of limitations that involves not knowing you were harmed. If an instrument was left in place after surgery, it might not begin to cause problems until later. Once you know about the harm done, take action right away.
To avoid missing the chance for financial compensation, speak to a medical malpractice lawyer right away.
Click here for more information on medical malpractice and to contact a personal injury lawyer.
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