Victims of medical malpractice are often left picking up the pieces of their lives, and struggling to get back to some kind of normalcy.  During this difficult time, finding the strength to file a lawsuit can seem impossible so it is often put off until such time that the victim feels stronger and more in control.  It is critical, however, that if there is a legitimate medical malpractice case, it be pursued as soon as possible to avoid missing the statute of limitations.

Medical malpractice law is complicated and confusing.  This is one of the most important reasons to have a medical lawyer in your corner.  One of the first things an attorney will determine before pursuing a malpractice claim is whether or not it falls within the timeframe set forth by that particular state, known as the statute of limitations.  

This basically means that each state allows only a certain amount of time, typically anywhere from six months to four years, in which a patient can file a lawsuit against a physician for medical malpractice.  

The clock usually starts ticking when the incident occurs, however in some instances, particularly when it takes a significant amount of time for the actual injury to be discovered, the statute of limitations can begin at the time of discovery.

Each state sets forth its own rules and regulations, so the timeframe allotted for filing suit will differ, depending on where the malpractice occurred.  Regardless of this, it is extremely important that the advice of a medical attorney who is experienced in malpractice claims be sought, and as soon as possible.  Don’t wait to seek justice, because if you do, it might be too late.

This entry was posted on Friday, June 5th, 2009 at 12:41 pm and is filed under Medical Malpractice. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.