The Statute of Limitations in Medical Malpractice Claims
If someone is injured while being treated by a medical professional, they may have a claim for medical malpractice. If malpractice has occurred, the person generally has a limited amount of time to bring a lawsuit and request compensation for their injuries. It is crucial for those who may be a victim of malpractice to understand the statute of limitations and how it might apply to their situation.
Standard Statute of Limitations
The statute of limitations is generally two years from the time the person was injured. If a person doesn't file suit before this point, they may no longer be able to file a lawsuit or request compensation for the injuries. It is crucial for anyone who is injured through malpractice to contact a lawyer like those at Susan E. Loggans and Associates, though, because there are exceptions to the statute of limitations that could be applicable.
Discovery of the Malpractice
Sometimes, the malpractice doesn't become apparent for years. At this point, the person would not be able to file because of the statute of limitations because of the amount of time that has passed. However, if it's not possible to discover the issue earlier, the person may be able to still request compensation under the discovery exception. If this applies, the two-year timeline starts at the discovery of the malpractice, not when it occurred.
Continuous Treatment of Issue
If a person is being continually treated by a physician, the timeline for malpractice might not begin until the treatment ends. Sometimes, the malpractice may not become apparent until after the person has stopped receiving treatment or has started receiving treatment from a different provider. In these cases, the person may still have time to file a lawsuit or request compensation for their injuries.
Minority Rules for Statute of Limitations
Those who were under the age of majority when the malpractice occurred may have additional time to file a lawsuit or request compensation for the injuries. If compensation has not been requested on their behalf, when the child reaches the age of majority, they may be able to then request compensation on their own. The details of when this applies can vary, so it is important for the person to speak with a lawyer as soon as possible after they turn 18.
Other Potential Exceptions
There may be other potential exceptions to the statute of limitations, so it is crucial for anyone who may have been a victim of malpractice to speak with a lawyer about their situation. If the person is legally incapacitated after the malpractice occurs, they may have more time to file a case. If they are in the military, are imprisoned, or have another reason why they could not file within the statute of limitations, the person may have additional time to do so. By speaking with a lawyer, the person can find out if any exceptions like these will help them.
If you've been injured while being treated by a medical professional, you may have a case for malpractice and may be owed compensation. Even if you believe it could be outside the statute of limitations, it is a good idea to speak with a lawyer about your case. It could fall under one of the exceptions and they may be able to help you get the compensation you need.
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