There are statutes of limitations associated with most types of lawsuits, including medical malpractice claims. A statute of limitations governs when a claim may or may not be filed following an incident of malpractice. After the established time limit passes, a person is no longer permitted to take legal action against a physician. As each state creates their own laws regarding their malpractice statutes of limitations, the specifics may differ according to the jurisdiction.
For many, there may be a general time period set for injuries. As this can be an obtuse figure, many jurisdictions apply their time limitations to the time at which a patient recognized that a physician made a mistake. However, if a patient has not reasonably noticed the effects of malpractice, the time limit may be applied to a rough estimate of when their injuries should have become apparent.
Minors are often treated under different standards than those above the age of 18, as their reaction to malpractice may not necessarily be the same as someone who has reached the age of majority. For minors, the statute of limitations may extend through their 18th birthday, at which point they are granted the limit of time given to adults. For cases of malpractice that occurred at or before birth, a child's statute of limitation may be pushed to a different, arbitrary date. Again, this is a concern left to each particular state.
For cases in which a patient died because of the negligent behavior of a doctor, the statute of limitations may be pushed to after the patient's death. Even though these wrongful deaths may be significantly more serious than other injury concerns, there is still an established time limit for filing a lawsuit.
For more information regarding these lawsuits, contact a medical malpractice attorney.
Wrong Patient Surgery Safety of Gastric Banding Weight-Loss Surgery in Question Anesthetics at the Dentist Dental Malpractice Why Should You Consult With an Erb's Palsy Attorney? Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice
0 comments:
Post a Comment