Statute of Limitations for Malpractice

Negligence is the main contributing factor in medical malpractice.

Medical malpractice occurs when a doctor or medical professional makes a mistake which results in injury or wrongful death. This usually occurs when a doctor or other medical staff is negligent in the care of the patient. For example, if a doctor prescribes medicine a patient is allergic to because he failed to properly review the patient's medical file, the doctor may be liable for suit by the patient or his family if it results in injury or death. The statute of limitations protects doctors from being sued by patients after several years have passed since the incident occurred. If too many years have passed since the injury was sustained, it is harder to prove that it was the actions of the physician that resulted in the injury instead of another outside cause.

Statute of Limitations

The statute of limitations runs for a certain period of time.

There are certain types of medical malpractice lawsuits including birth injuries, surgical mistakes or wrong diagnosis of a patient. No matter what type of injuries sustained, the statute of limitations is enforced in all states. The statute of limitations runs from the time the injury was either sustained or discovered to the date of the filing of the suit. If the statute of limitations has expired before the complaint is filed with the court, the case will be dismissed.

Timing

A medical malpractice suit must be filed according to the Statute of Limitations of the state where the incident occurred.

The statute of limitations varies from state to state. For example, Texas has a two-year statute of limitations while Vermont's is three years. However, if a child sustains the injury, the court may allow the statute of limitations to be suspended until the child reaches an age where the injuries can be fully evaluated and determined.

Length of Time

The Statute of Limitations has some exceptions.

For most situations involving medical malpractice, the statute of limitations will start on the date the injuries were sustained. Other situations involve the patient learning of the injury months or even years later. In this case, the statute of limitations will start on the date the injuries were either discovered or should have been discovered. For example, if a patient is prescribed medicine and two months later discovers at the doctor's office the symptoms were a result of the medication, the statute of limitations will start on the date this was discovered. If the patient does not see the doctor right after the pain occurs, and instead waits several months, the statute of limitations will start on the date the patient first reported the pain; this is when the injury should have been discovered.

Types of Damages

Two types of damages a patient may recover in court are actual and punitive damages.

A person can sue under medical malpractice law for either actual damages or punitive damages. Actual damages are the costs involved in the treatment of the injury, loss of wages and future salary, and pain and suffering. Punitive damages are awarded by the court to the patient if the injury was sustained by the doctor's willful or reckless behavior. There may be a cap on how much the patient may receive in court depending on the state.

States

Each state has its own Statute of Limitations for medical malpractice lawsuits.

The statute of limitations to file a medical malpractice suit is one year in Kentucky, Louisiana and Tennessee. Alabama, Alaska, Arizona, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, Texas, Virginia and West Virginia have a two-year statute of limitation. In Arkansas, Connecticut, Delaware, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington and Wisconsin the statute of limitation is three years. Florida, Nebraska, Utah and Wyoming each have a four-year statute of limitation. Maine, Minnesota and North Dakota have a six-year statute of limitation.

References

• Nolo Legal Solutions: Chart: Statutes of Limitations in All 50 States
• LawyerShop.com: Medical Malpractice