The statute of limitations is a common idea in the world of law. Many people associate the statute of limitations with criminal cases. You commonly hear people discuss whether or not the police and prosecutors will catch their suspect before the statute of limitations runs out on the crime he or she committed. The statute of limitations is basically a window of time that the prosecutors have to file charges against someone after they have committed a crime.
Well, the statute of limitations is also integral to medical malpractice cases. You don’t have an unlimited amount of time to consider your case and file a malpractice claim against a doctor and/or institution. Depending on the case and depending on the state, you could have anywhere from one to three years to file your medical malpractice claim.
Where it gets interesting is when does this window of time “start.” Depending on the interpretation, it could be the moment the medical malpractice incident occurred, or it could be when the injury or negative consequences of the incident became apparent. It all depends on the court’s interpretation.
If that isn’t vague and complex enough, the case can become even more complicated if the victim dies. The statute of limitations debate then becomes a matter of wrongful death vs. medical malpractice, and which statute takes precedent.
What all of this should reinforce is that even if you aren’t sure if you will pursue a legal claim, you should at least talk to a medical malpractice attorney soon after your unfortunate medical care. At the very least, you can organize yourself and your potential claim, so that if you do decide somewhere down the line to file, you can quickly assemble the claim and proceed.
Source: FindLaw, “Time Limit Considerations in Medical Malpractice Claims,” Accessed June 15, 2015
