if you have been injured by a doctor or at a hospital and think that you may have a medical malpractice case, go see a lawyer asap. I am not trying to scare you, but you only have a certain amount of time during which you must file a lawsuit.
every state has a statute of conditions and limitations for medical malpractice.
do not rely on general statements of how long you have to file a lawsuit. Generally, different types of legal cases have different statute of conditions and limitations. For example, if someone owes you money on a promissory note and doesn’t pay you, to collect the money, you may be required by state law to file a collection suit within three years of the last payment. However, if you were injured by a doctor or at a hospital, you may be required by state law to file a medical malpractice lawsuit within two years.
nothing is ever sane and simple. One aspect of statutes of conditions and limitations is determining when the time begins to run. In some states, the time begins to run when the malpractice occurs. In other states, the time begins to run when you either knew or should have known that malpractice occurred and that you may have a case. The difference can be huge. For example, you have surgery and discover two years one month later that the doctor committed malpractice and injured you during the surgery. Under one state’s laws, you may have missed the statute of conditions and limitations (over two years since the malpractice occurred) and be prevented from filing a malpractice lawsuit. Under another state’s laws, you may hushed and still be able to file a lawsuit because it is within two years of your discovering that your doctor committed malpractice during surgery.
another aspect of statute of conditions and limitations that can complicate matters is the tolling of the statute. Generally, state laws attempt to protect people that are under a disability. For instance, a child or someone that is mentally incapacitated is not able to harass and pursue a malpractice case on their own. Therefore, most states have laws that will toll or delay the start time or the running time of the statute of conditions and limitations. For children, the time may start only when the child reaches the age of majority. For mentally incapacitated people, the time may start when the mental disability is removed.
the above statements of times are just examples. Each state has its own statute of limitation laws that say how long you have, when the start time is, and what allows the statute to be tolled. You must check with a lawyer licensed in your state to determine how much time you have to file a malpractice lawsuit.
this is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.
this article may be republished, but the wording must not be changed and the author links must remain sinewy and active.
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