Medical malpractice claims are some of the most complicated claims when it comes to personal injury law. In fact, one report found that almost 88% of medical malpractice claims are won by the defendant, leaving the injured party with no compensation.
If you are the victim of medical malpractice, you may be aware that you’re up against a tough fight. Proving that a healthcare provider failed to provide a reasonable level of care is extremely difficult.
Limit the complications that could affect your case by first filing your claim on time. What is the statute of limitations on medical malpractice?
Read on to find out everything you need to know about medical malpractice and the factors that affect how long you have until it’s too late to seek compensation.
What Does “Statute of Limitations” Mean?
“Statute of limitations” is a legal term that applies to almost every type of court case. It refers to the amount of time that a case is still valid and a plaintiff can still press charges or file a claim against the accused.
The statute of limitations exists to benefit the defendant, not the plaintiff. The idea is that a plaintiff should pursue legal action with reasonable diligence and that the defendant could lose the evidence they need to defend themselves if too much time has passed.
What Is the Statute of Limitations on Medical Malpractice?
The statute of limitations on medical practice varies from state to state, although it generally hovers around two years.
In some states, including California and Kentucky, the plaintiff may only have one year to file their claim before the case is no longer viable. In others, the length of time a plaintiff has to file their claim comes down to the specifics of the case.
For example, in Virginia, the statute of limitations on medical malpractice may be between two to ten years. In North Carolina, the statute of limitations on medical malpractice may be three years or may be ten years. In either state, plaintiffs are not guaranteed a lengthier time period–it will come down to the specifics of the case.
Ultimately, it is important to look into the specific laws that apply in the state where you are filing your claim.
What Is the Starting Point of the Medical Malpractice Statute of Limitations?
Stating simply that you have two, three, or even ten years to file your medical malpractice claim doesn’t always help. It is important to know when the clock starts ticking. Two, three, or ten years from what point?
Once again, the answer will vary and it often comes down to the court to decide. Let’s take a look at some of the considerations that come into play and may affect your medical malpractice case.
The Date That Medical Malpractice Occurred
In many cases, the court will decide that your statute of limitations started running when the medical malpractice occurred. That means that from the day you were with a medical professional and they, for example, misdiagnosed you, performed the wrong surgery, or misread your test results, the clock started ticking.
Where this gets fuzzy is when you’re dealing with medical malpractice that occurred over the course of several appointments. If a medical professional was providing you with prolonged or long-term treatment, you may wonder if the statute of limitations began when you started treatment or when treatment ended. Some courts will rule that the clock started ticking when treatment ended.
The Date When the Injury Occurred or Was Discovered
While it may sound logical to start the clock the day the malpractice occurred, it doesn’t always make sense or work out in the plaintiff’s favor. For some individuals, the injury may not have been noticeable right away. It may not even have existed.
For example, imagine a plaintiff was prescribed a medication that turned out to interact negatively with another medication they were already taking. Imagine, too, that a medical professional should reasonably have been able to catch this mistake before prescribing the medication, but didn’t. It could take hours, days, or even weeks for the adverse effects of taking both medications to present themselves.
Some courts may rule that the clock started ticking when the patient first began taking the poorly prescribed medication. Others would rule that the statute of limitations wasn’t running until the patient became reasonably aware of the adverse effects and discovered the doctor’s error. Once again, this will come down to the state you live in.
What Should You Do If You Believe You Have a Medical Malpractice Case?
As you can see, there are a lot of factors in play when it comes to the statute of limitations on medical malpractice. For that reason, it’s important that you act fast, even if you’re not 100% sure that you have a case.
Your first step is to consult a personal injury attorney who can review the facts and make a professional judgment call. Your attorney will guide you through the process of collecting the relevant documents, photos, and testimony. Pursuing a medical malpractice case without representation is never advisable.
Don’t Let the Clock Run Out On Your Case
You can see now that it’s difficult to provide an exact answer to the question, “What is the statute of limitations on medical malpractice?” The answer varies from state to state and even from case to case. The best thing you can do is contact an attorney and get started building your evidence.
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