Often, victims of medical malpractice delay filing a case, only to find that the time period has elapsed for lodging a lawsuit. Most patients do so because they do not know the time limit for filing a lawsuit for medical negligence. When you do not know whether you can seek reimbursement for a medical negligence act or whether the time period has already passed, we ask you to check with professional medical malpractice attorneys in order to learn time limits and any information relating to the medical malpractice lawsuit. 

Similar to all civil cases, medical malpractice claims can only be filed within a particular period of time. A law regarded as the statute of limitations is responsible for determining this time limit. This kind of law has been passed in every state with a different time limit which depends on the case you are filing for. If a doctor’s negligence resulted in injuries, you may think you should take a “wait and see” attitude to the injuries, before you try legal remedies. But, it should be remembered that, because of the time constraints for filing the lawsuit, known as the “statute of limitations,” the legislation demands that you seek legal recourse promptly and conveniently. Should you fail to file the lawsuit within the time period (typically between 1 and 3 years, based on the claim and State), you may not be allowed to submit the claim irrespective of validity. However, the statute of limitations for each state can be quite complex because in general, about three of four parts of the statute of limitations are created by these States.

 

The First Part

The standard deadline is the first part of the statute of limitations. This describes the number of years in which a victim of medical malpractice can file a lawsuit, which usually falls within two or three years according to the state.

The victim will lose the right to file a lawsuit related to the incident of medical malpractice if the lawsuit is not filed within the time limit that has been set except if it falls within the second or third part of the statute of limitations determined by the state. This implies that as long as the case satisfies other parts of the statute of limitations indicated by the state, the victim will still be eligible to file a medical malpractice lawsuit even after the deadline has passed.

 

The Second Part

The discovery rule is the second part of the statute of limitations. This is an exception to the standard deadline. This law was enacted in several states because most individuals who suffer from medical malpractice usually lose the ability to file a medical malpractice lawsuit. Typically, most states do not start counting the period when the lawsuit occurred until the victim discovers the injury. This is the reason it was called the discovery rule. Most times, victims of medical malpractice discover the injury after many years from the expiration of the standard deadline. 

Although the discovery rule might carry different phrases in every state, it generally enables an extension of the statute of limitations for a reasonable time when the victim of medical malpractice should make the discovery or when the victim actually makes the discovery of the m

alpractice. For instance, this rule has the following description in one state:

(a). The date starts counting when the victim discovers or becomes fully aware of the injury.

(b). The date starts counting when the victim discovers or is fully aware of the reason behind the injury.

 

The Third Part

The time limit for small children or minors that are below the age of eighteen, which enables their legal guardians or parents to file a claim for medical malpractice is the third part. A distinctive deadline is usually indicated by most states for minors, for cases that relate to medical malpractice claims. For instance, the deadline for minors might be within just a year and the clock might not begin to tick until the child becomes eighteen even if the act was performed ten years back.

 

The Fourth Part

The statute of repose is the fourth part of a conventional statute of limitations. However, this name might be different in many states or might not even be in effect. The statute of repose describes the time limit for filing a medical malpractice claim in court without considering when the victim discovers the injury that resulted from the malpractice of a health care provider.

For instance, a conventional statute of repose found within a statute of limitations might be a provision that indicates that a medical malpractice claim can no longer be filed ten years after the medical malpractice took place.

 

The Continuous Treatment Rule

The continuous treatment rule was implemented in several states to enable the victim of an injury caused by a medical malpractice to file a claim after the issue or condition is no longer treated by the medical practitioner. This implies that the time begins after this health care provider of the victim stops the treatment of that condition. For instance, if an injury was caused by a doctor during surgery and this condition is being treated by the health care provider for about 4 years, the statute of limitation doesn’t count until the treatment is completed which gives the victim about 6 years after the injury to file a lawsuit.

 

Conclusion

Filing a claim after the time limit of the statute of limitation has passed can make the health care provider raise a motion for a dismissal of the case which is usually granted by the court, except if the extension can be applied to the case which makes it important to monitor the time limit of a particular statute of limitation. There are several complexities that surround filing a claim for medical malpractice, which is why it is recommended to always allow a professional medical malpractice attorney to handle your case before the deadline.

State legislation, like statutes of limitations, is often updated from year to year, and it is necessary to talk to an attorney and consider the state’s existing legislation. An attorney specializing in medical malpractice claims will analyze your case and help you to decide the next steps. Speak to a medical malpractice attorney to find out more.