Medical malpractice cases are complex and often involve life-changing consequences for the victims. If you or a loved one has suffered harm due to medical negligence, you may be wondering how long you have to file a lawsuit. This is where the statute of limitations comes into play. In this guide, we will explain what the statute of limitations is, how it applies to medical malpractice cases, and what steps you can take to protect your legal rights.
What is the statute of limitations on Medical Malpractice?
The statute of limitations is a legal time limit that sets a deadline for filing a lawsuit. It varies from state to state and depends on the type of case. In general, the statute of limitations for medical malpractice cases ranges from 1 to 6 years, starting from the date of the injury or discovery of the injury.
How Does the Statute of Limitations Apply to Medical Malpractice Cases?
Medical malpractice cases involve injuries caused by medical professionals’ negligence, such as doctors, nurses, and other healthcare providers. The statute of limitations in medical malpractice cases starts from the date of the injury or discovery of the injury, whichever comes first. If you miss the deadline, you may lose your right to sue for damages.
Exceptions to the Statute of Limitations
There are some exceptions to the statute of limitations for medical malpractice cases, such as:
Minors: If the victim is a minor, the statute of limitations may be extended until they reach the age of majority.
Fraud or concealment: If the healthcare provider intentionally conceals the injury or fraudulently misrepresented the facts, the statute of limitations may be extended.
Continuing treatment: If the healthcare provider continues to treat the patient for the same condition, the statute of limitations may be extended.
Steps to Take if You Suspect Medical Malpractice
If you suspect medical malpractice, you should take the following steps:
- Get a second opinion from another healthcare provider to confirm the diagnosis and treatment.
- ocument all the evidence, including medical records, bills, and receipts.
- Consult with an experienced medical malpractice attorney to evaluate your case and protect your legal rights.
Medical malpractice cases can be complicated and require expert legal representation. The Law Office of Juan R. Zamora can help you navigate the legal system and get the compensation you deserve. Remember that time is of the essence when it comes to filing a lawsuit, so don’t wait to take action. If you or a loved one has been a victim of medical malpractice, contact us today for a free consultation.
