In any personal injury case, you have a limited amount of time to file a lawsuit against the defendant seeking compensation for what happened. The statute of limitations sets a firm and unforgiving deadline. Complex issues arise when the statute of limitations begins to run in a medical malpractice case.
The one certainty is that missing the statute of limitations will keep you from being able to sue the hospital for compensation. Accordingly, you should contact a medical malpractice attorney as soon as possible after your injury so they can begin the legal process. Even if you think you may have missed the time limit, an attorney can explore all your options.
You Have a Limited Amount of Time to File a Medical Malpractice Lawsuit
Your ability to file a medical malpractice lawsuit is constrained by the law. Not only do you need to have the legal grounds to sue, but you must also file the lawsuit within the amount of time allotted to you under the law.
State law governs your medical malpractice case. Each state has its own limit on the time that you have to sue.
The actual law regarding the medical malpractice statute of limitations varies by each state. Each jurisdiction will have its own time limit.
For example, some states may impose a two-year time limit on your right to sue. Some states may have a longer deadline in medical malpractice cases due to the complexities of these legal actions and the fact that you do not always know at first that you were the victim of medical malpractice.
Don’t waste time. Regardless of the medical malpractice statute of limitations, you have a limited time to collect important evidence in your case. Moreover, if the statute of limitations expires, you will lose your right to sue. Take action now to preserve evidence and your right to the compensation you deserve.
How Does the Discovery Rule Influence the Statute of Limitations
You may not know for months or years after your treatment that your doctor actually did something wrong.
For example, you may have had a surgical procedure. It may take a long time to realize the doctor did something wrong.
In these cases, the statute of limitations will begin to run from the time that you knew, or reasonably should have known, that your injury was the result of medical malpractice.
The discovery rule allows you to file a lawsuit after realizing negligence caused your injury.
Some states impose an overall limit, stating that you cannot file suit after a certain deadline, regardless of when you may have learned of the doctor’s negligence. That’s why you need to call a medical malpractice lawyer today.
There Is No Leeway to Miss the Statute of Limitations
The medical malpractice statute of limitations sets a harsh and unforgiving deadline. The consequences of missing this deadline can end your case.
Missing the medical malpractice statute of limitations means that you lose your right to sue. The judge will dismiss your case, and the court will never hear your arguments on the merits.
You Need to Be Diligent in Learning About Your Injury
From your standpoint, you must do everything within your power to have learned of the medical malpractice as soon as possible. If you suspect something is wrong, this may constitute constructive notice of the malpractice.
Thus, if the defendant’s attorney can prove you had prior knowledge of the injury, the time clock will not begin to run on the actual date that you claimed to have learned of the malpractice, if you did not do everything in your power to know what happened.
Once you suspect that something is wrong, you need to take steps to learn of your injury, oftentimes by seeing another doctor to learn what went wrong.
Another doctor may not tell you that a fellow professional committed malpractice, but at least you will have a basis to begin your own investigation of what happened to learn whether your original doctor made an error.
Contact a Medical Malpractice Attorney as Soon as Possible
Contact an experienced medical malpractice lawyer as soon as you think medical negligence injured you.
Your medical malpractice attorney can help you obtain your complete medical records if you do not already have them. At that point, your medical malpractice attorney may work with expert witnesses to learn more about what happened and to get their opinion of what the doctor may have done wrong.
It may take some time to put yourself in a position where you can file a medical malpractice case. Your medical malpractice lawyer must investigate what happened. They need a deep command of the facts before they can begin to draft the legal complaint necessary to begin the lawsuit.
Your lawyer needs time to draft this complaint. They must make it substantial enough to survive any motion to dismiss your case and allow you to proceed with discovery.
Your medical malpractice attorney will balance the urgency of the looming deadlines with the importance of getting everything right.
You Pay Nothing Upfront for Legal Help
Money is the one thing that will not get between you and the immediate legal help you need to begin work on your case.
A medical malpractice attorney will never ask you to write them a check as a condition of their legal representation. They work for you on a contingency basis, meaning they receive their money for their time and services only when you receive a check for your injuries.
Medical Malpractice Attorneys are Ready to Help
If you or a loved one suffered an injury in a hospital, always call an injury attorney familiar with these types of cases.
A trusted McLean personal injury lawyer can explain the strict guidelines of the statutes of limitations and let you know your next steps. Call today.