Mesothelioma Legal Advice

When someone suffers harm due to a medical professional’s negligence, they have the right to pursue legal action against the responsible party(s). However, the amount of time a person has to file a lawsuit is limited by what is known as a medical malpractice statute of limitations.

In other words, a statute of limitations is a type of legal deadline, and individuals who fail to file a lawsuit within this deadline may have to forfeit their right to take legal action.

Statutes of Limitations Vary

Medical malpractice statutes of limitations vary according to state but range between one and five years from the time the malpractice occurred. There are, however, certain exceptions. For example, medical malpractice is not always evident immediately. In cases such as this, the statute of limitations may begin at the time that the malpractice was or should have been discovered. In other instances, the law may allow a delay in the statute of limitations when the victim of medical malpractice is a minor so it doesn’t start until the age of majority is reached.

Even if you think the medical malpractice statute of limitations has run out in your case, you should consult an attorney who can tell you whether any exceptions apply given your circumstances.

When Medical Malpractice Results in Death

Families who have lost a loved one to medical malpractice may be entitled to file a lawsuit to seek justice on behalf of their loved one. However, when medical malpractice results in death, the case may be subject to a different statute of limitations. Many states recognize what is called “wrongful death,” and the laws pertaining to wrongful death cases may override the state’s medical malpractice statute of limitations.

Again, if you have any questions as to the wrongful death or medical malpractice statute of limitations that may apply to your case, it’s in your best interest to talk to an attorney as soon as possible.

Do You Have a Medical Malpractice Case?

Medical malpractice is an unfortunate cause of serious injury and death in the United States. Every year, there are between 80,000 and 100,000 preventable deaths due to medical mistakes in this country. Individuals and families of those who have suffered harm due to a medical error be be entitled to be compensated for their damages.

Negligence can come in many forms, and acts of negligence are often committed by doctors, nurses, pharmacists and other healthcare professionals who are well-intentioned. Whenever any of the following occurs, it’s always best to seek the advice of a lawyer:

· Medication/prescription error

· Surgery/anesthesia mistake

· Misdiagnosis/failure to diagnose

· Obstetric error

· Delayed diagnoses/treatment

· Infection due to unsterile conditions

The sooner you contact a lawyer, the better. Once the medical malpractice statute of limitations has passed in your case, you are no longer eligible to file a lawsuit and recover damages.

Contact Burke & Eisner Today

To find out what the medical malpractice statute of limitations is in your state, contact the attorneys at Burke & Eisner today. One of our skilled attorneys will evaluate your claim and give you the information you need with regard to your rights and any applicable legal deadlines.