The legal fraternity is a sector that is crucial to the stability of any society in the world. Whether it’s in the corporate or governmental sphere, legal practitioners go to great lengths to ensure that justice is always served. In this current age of prevalent legal battles, the need to have legal counsel is one that cannot be ignored. In fact, running a business without the help of a good attorney can be deemed as suicidal.
The medical area is also a sphere that has seen its fair share of litigation cases due to malpractice claims. When it comes to medical negligence cases, a person needs to have a seasoned attorney by his or her side in order to prevail on the impending case. You can find more information about medical negligence cases on platforms like Cummings Law website.
Moreover, winning a med mal case requires one to have an understanding of important aspects of the case. Here’s an in-depth look at the ‘statute of limitation’ and what it entails.
Definition of Statute of Limitations
It refers to the stipulated time during which a victim is supposed to file a medical negligence claim. In general, the statute of limitations normally varies depending on the type of case; however, the repercussions are still the same if a person fails to adhere to the stipulated time. The defendant can file a motion of dismissal, which would see your case be thrown out of court. When such a scenario occurs, this means you’d have lost your right to pursue justice. Statute of Limitations normally vary from state to state, it’s therefore important to familiarize yourself with such laws regarding your state.
It’s no secret that medical negligence cases are some of the most complicated suits to litigate. This is because there are many aspects to consider before proving a claim to be valid. Sometimes, medical negligent injuries are not obvious, especially in surgical procedures where a foreign object is left in the victim’s body. Treating such a case solely based on the statute of limitations would be unfair to the patient. Thus, many states have implemented what is known as the ‘discovery rule’. It allows victims of medical malpractice cases to pursue litigations if they weren’t able to discover the injury during the allotted time of the statute of limitations.
This rule states that the clock of the statute of limitations doesn’t start counting until the victim learns of his or her injury. You should also bear in mind that the rule doesn’t apply in instances where the victim ignored any obvious indications and symptoms of injuries within the statute of limitation time frame.
Statute of Repose
This is yet another aspect of a medical malpractice case that imposes an ultimate deadline for any claims. Its name may vary depending on the state; however, its function remains the same. A statute of repose normally has stricter deadlines compared to the statute of limitations. The defining time frame in a statute of repose may also vary depending on a particular state. This means that no lawsuits can be filed after the statute of repose period ran out, irrespective of whether the victim learns of the injury passed the statute of repose time-frame.
Statute of Limitations on Minors
Medical malpractice law tends to be more lenient on minors. Most commonly, the clock doesn’t start running until the child turns the age of 18. After this, a lawsuit has to be filed in the following three years. Medical negligence claims involving minors are usually filed by the parents or legal guardians of the child.
Importance of a Competent Legal Aid
Medical malpractice legal wars are some of the most hotly contested lawsuits due to the hefty payout involved. At any given time, the defendant’s side is always well equipped with a team of proficient attorneys. Thus, it’s shrewd to understand the significance of having an experienced lawyer. A legal practitioner who has vast experience and knowledge on the subject of med mal is your best shot at winning such a case. Besides, a good lawyer will also help you break down complex aspects of the case in a way you can easily understand. Choose the best lawyer available to you. It will make a huge difference.