Understanding The Statute Of Limitations

No one wants anything to go wrong when they visit the doctor or the hospital for a procedure. But whether you want to think about it or not, there are, of course, times when things do go wrong. When this happens, one of the things that comes to mind is the possibility of suing for negligence or for malpractice. If you are ever in such a position, and you are considering suit, it is important to understand 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. If you are thinking of filing suit for yourself, make yourself familiar with the statute of limitations, as it varies from state to state.

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. This allotted time varies from a couple years to several years, and there can be extenuating circumstances that 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. The amount of time allowed from this point is generally between two and four years, and this time begins right away.

Delayed identification of negative effects is one of the major extenuating circumstances that can extend the statute of limitations. Perhaps a surgery went wrong, but no one knew it at the time, and the adverse effects of the mistake or ommission does not evidence itself until a couple years later. This is why states allow for the statute of limitations to begin late - in this instance, it begins when the negative effects are 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 cap in Massachusetts is seven years, so even if someone discovers a problem that was directly related to a surgery that took place eight years earlier, they can no longer file suit, no matter how blatant the ommission or act of negligence might have been. The absolute cap in Florida is far shorter, allowing a maximum amount of time of four years.

If you are in the unfortunate position of needing to file a malpractice suit, know the statute of limitations in your state, and act accordingly.