Medical Malpractice Statute of Limitations

According to the medical malpractice law, the phrase 'medical malpractice statute of limitations' refers to the stipulated period starting from the time when the injury occurs/is discovered to the last date on which the malpractice lawsuit can be filed. In order to understand this concept, one has to get well-versed with two underlying concepts - medical malpractice and statute of limitations.

Medical Malpractices

Medical malpractice is a term used to refer to an act of negligence, by any of the medical professionals, which results in further depreciation in the patients health - which may eventually result in the death of the individual. Some cases of medical malpractices are purely related to misdiagnoses of a particular treatment, while others are serious cases of criminal offense done on purpose - more often for financial gains. Prominent cases are related to anesthesia errors, birth injuries, sexual abuse at the institute and surgery mistakes. Statistics reveal that approximately 25 percent of the doctors in the United States face the wrath of the law in such cases every year.

Statute of Limitations

Statute of limitations is a legislative act in a common law legal system, which determines the maximum period of time within which the legal proceedings pertaining to the said incident can be initiated. The statute of limitations may differ according to region as well as to the seriousness of the issue. In the United States, the statute of limitations differs from state to state. For instance in a particular state, the time period can be only given for certain cases which aren't deemed as a serious offenses (such as robbery), and not for those cases which are deemed as serious offenses (such as sexual assault).

Statute of Limitations in Medical Malpractice Cases

Medical malpractice statute of limitations stress on the time-frame within which the lawsuit pertaining to the alleged incident of malpractice must be filed. This time-frame usually commences from the day on which the injury was caused to the victim. Simply put, the victim of a medical malpractice case has a specific time-frame, starting from the day on which the injury was caused or discovered, to file a case against the said institute/medical practitioner. The stipulated period may vary from state to state, as well as claim to claim. It usually ranges from six months to five years. In Virginia, for instance, the amount of time the victim has to file a medical malpractice lawsuit against the said institute is two years from the date on which the injury was caused. In Washington DC, on the other hand, the same is three years. Once the said period is over, the victim cannot file a lawsuit against the said institute - irrespective of the fact that he is genuinely on the right side of the law.

There are some exceptions though, for instance, some injuries are only discovered after a specific period of time. In such circumstances, the statute of limitations is enforced by taking the date on which the injury was discovered as the date of commencement of the stipulated period. If the victim is a minor, the law facilitates delaying of the statute of limitations until the victim becomes a legal adult. The defendant, i.e. the said institute or the doctor, who has been charged with the case of medical malpractice, has the full authority of dismissing the case, if it is filed after the statute of limitations has expired. In fact, it's the duty of the defendant to alert the court of law, in case of the violation of the statute.

The medical malpractice statute of limitations makes it important to avoid unnecessary delays, when it comes to cases of medical malpractice. Any lingering illness or injury that crops up after a surgery, or any other medical process should be properly examined to determine the cause of the ailment. If there is any doubt about 'it' being a case of medical malpractice, a case should be filed in the court of law after consulting an attorney specializing in such cases.