Statute of limitations for medical negligence claims – what you need to know

Estimated read time 3 min read

When it comes to medical care trust professionals to provide us with the best possible treatment. Medical negligence is a situation a healthcare provider fails to deliver quality care. If you or your loved one has suffered injuries to medical malpractice may have legal options available. The medical negligence law is the statute of limitations. It refers to a specific period within which you must file a lawsuit against the healthcare provider responsible for your injury or loss. Failing to meet this deadline deprives you of your right to seek compensation and damages resulting from medical malpractice. The law encompasses various types of claims arising from substandard medical care or wrongful actions by healthcare providers. Examples of surgical errors are misdiagnoses, delayed diagnoses, medication mistakes, birth injuries, and nursing home neglect.

How Long Does a Medical Negligence Case Take in South Africa? - DSC  Attorneys

Every state has different rules regarding how long victims have before they lose their right to pursue legal action against Michael Boylan Litigation. States typically have varying statutes of limitations, which can range anywhere from one year to six years. Medical malpractice injuries are allowed to be discovered three years after they occur. Other states have a shorter time frame which only allows two years from the incident date of the malpractice. Understand that the clock starts ticking on the statute of limitations from the date you discovered or should have known about your injury resulting from medical negligence. You must seek legal advice as soon as possible suspect medical malpractice caused your injury.

Exceptions to statute of limitations

Exceptions are made regarding the statute of limitations for medical negligence claims. The most common exception is when there is an extension in case an individual was not able to know about their injury to extended anesthesia causing confusion or loss of memory after surgery. A statute of limitations may apply to cases involving minors, depending on state law, which may reach adulthood before they can file a lawsuit. A court’s interpretation allows an extension when healthcare providers conceal information that indicates negligence occurred, thereby extending the deadline for suing. Medical negligence law is complicated, and statutes of limitations add another layer of complexity. If you’ve suffered injuries to medical malpractice, you must consult with experienced attorneys specializing in these types of cases before your deadline expires. A qualified attorney will evaluate your situation thoroughly and through the legal process. Assuring all deadlines are will ensure the best chance of receiving compensation.

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