What Time Limits Apply To Medical Malpractice Lawsuits?

If you suspect medical malpractice, taking prompt legal action is important because if you do not meet the deadline (statute of limitations) to file a lawsuit, you lose your right to sue. It is wise to consult medical malpractice attorneys in Seattle, WA as soon as you suspect that a medical error caused your injury.

According to Revised Code § 4.16.350, you have three years from the act or omission that you believe caused your injury to file a lawsuit. Or, you have one year from the time you discover or reasonably should have discovered the injury was caused by medical error. For example, suppose a physician gives you an X-ray and discovers that a scalpel was left in your body and is causing your ailment. You have one year from that discovery date to file a medical malpractice lawsuit. The legal field calls this the “discovery” rule. For persons under the age of 18, their custodial parent or guardian must file the lawsuit within the statute of limitations on the minor’s behalf. However, courts have since ruled that when the minor turns 18, he or she can bring a lawsuit. The statute of limitations has one other restriction that bars claimants from filing a lawsuit ? if more than eight years have passed after the date the medical error occurred. In medical malpractice cases where the patient dies, the family has three years from the loved one’s date of death to file a lawsuit.

A Seattle medical malpractice lawyer can review your situation, explain how the statute of limitations applies to your case and advise about a lawsuit.

At the Law Offices of Dean Standish Perkins & Associates, we offer a free consultation to discuss how we can help you recover compensation.

Posted in Motorcycle Accidents

Topics:  Medical Malpractice, Statute of Limitations

Published In: Civil Procedure Updates, Personal Injury Updates, Professional Malpractice Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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