What Is The Statute Of Limitations?

When you go to a doctor or to the hospital for any sort of procedure, the last thing you want is for something to go wrong. But even if you do not want to think about this possibility, there are times when things go wrong. If you ever find yourself in this unenviable position, the possibility of suit will probably come to mind. If you decide to sue for one of these things, there are a lot of factors to keep in mind, but one of the most important factors is the statute of limitations. The statute of limitations essentially sets a limit on how long a person is allowed before their suit is no longer deemed valid. The specifics of the statute of limitations vary from state to state, and if you are thinking about filing suit yourself you will want to take the time to learn and understand the specifics in place in the state where your procedure took place.

The limit on how long a person is allowed to wait before filing a malpractice suit is the basic foundation of the statute of limitations. The amount of time allowed for suit can be anywhere from a couple years to a number of years, and there can be circumstances that can stretch this time even longer. But the basic statute of limitations applies in all those cases wherein the negative effects or repercussions of a surgery, operation, or some sort of negligence are discovered immediately. When this is the case, the statute of limitations begins, and this amount of time generally is somewhere between two and four years.

One of the major extenuating circumstances is a delayed identification of negative effects. Perhaps an ommission or an instance of negligence occurred during surgery - or perhaps a downright mistake was made - but there is no evidence of this for a couple of years. In such a situation, the statute of limitations begins on the date when the adverse effects are first discovered.

Finally, states also impose an abolute cap, which sets a number of years after which suit can no longer be filed, even in those instances where the problem is discovered late. For instance, the laws in Massachusetts are very friendly to patients, allowing four years for people to file suit even if the problem is discovered right away; but the absolute cap is set at seven years, which means that if a problem is discovered more than seven years after a surgery, suit can no longer be filed. This time is far shorter in the state of Florida, with the absolute cap being set at four years.

If you happen to find yourself in the unenviable position of needing to file a malpractice suit, familiarize yourself with the statute of limitations in your state so that you can act accordingly.