What is the Statute of Limitation on Medical Malpractice?

What is the Statute of Limitation on Medical Malpractice?

Doctors and medical facilities take your life into their hands, so they are expected to do their jobs well and safely. You can file a medical malpractice claim to hold them liable for your damages if they don’t. However, you must file your medical malpractice claim within a specific time or forfeit your right to compensation. It is called the statute of limitations.

This article explains the statute of limitations on medical malpractice claims and other related information. If you have questions, talk to a medical malpractice attorney in a free legal consultation.

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What Is A Statute Of Limitations? 

A statute of limitations is a time limit on certain legal claims, including medical malpractice and personal injury claims. Plaintiffs must file their cases within the time limit set by each state, or they cannot obtain compensation for their losses. There are several reasons that statutes of limitations exist:

• Fairness: The statute of limitations ensures that lawsuits are resolved within a reasonable time. Evidence about a medical malpractice case may only be available for a limited time. Beyond a few years, proving that medical malpractice occurred may take time and effort. It may also be challenging for doctors to defend themselves properly after too much time has passed. Witness memories also fade with time. 
• Efficiency: Limiting the time in which a medical malpractice lawsuit can be filed helps courts to manage their cases. Medical malpractice claims can linger up to a few years. 
• Finality: Both sides receive closure about the medical malpractice lawsuit. The plaintiff and defendant can move forward with life without an unresolved lawsuit hanging over them. 

What Is A Medical Malpractice Claim? 

A medical malpractice claim is a type of personal injury action against a medical professional or facility that failed to provide the standard of care they should in their profession, resulting in injury.

You can file a medical malpractice claim anytime a doctor, other medical professional, or medical facility is negligent and cause harm to the patient. The Medical Malpractice Center states there are between 15,000 and 19,000 medical malpractice lawsuits annually in the US.

Common types of medical malpractice include:

Misdiagnosis 

A doctor misdiagnosing a medical condition can be malpractice if another physician with the same training would have given an accurate diagnosis.

For example, imagine that an ER doctor diagnoses you with pneumonia, but another doctor with similar training would have conducted more tests and discovered you have stage 3 lung cancer. The misdiagnosis can cause a delay in cancer treatments and can be a form of malpractice.

Delayed Diagnosis

Quickly diagnosing severe medical conditions is vital in many situations to ensure the best outcome. A tardy diagnosis can have severe consequences for your health, especially when you have a serious illness, such as a heart condition, stroke, or cancer.

If the doctor doesn’t diagnose your condition when another similarly trained doctor would have found the issue, the doctor can be liable in a medical malpractice lawsuit.

Not Getting Informed Consent

Before your doctor treats you, they must obtain informed consent from you. It means you must agree to a procedure after they have explained the risks, alternatives, and overall treatment process.

If the medical professional fails to explain the procedure correctly and obtain your consent, you may be subject to a medical malpractice lawsuit.

Incorrect Medical Treatment

Physicians are expected to select a medical treatment likely to improve your condition. Doctors don’t need to be perfect, but they can be sued if they provide a treatment that few other reasonably competent doctors would have.

For instance, if your doctor recommends that you take vitamins instead of getting radiation for cancer, this can trigger a medical malpractice claim.

Anesthesia Mistakes

Anesthetists provide anesthesia during procedures but may also review your medical records and monitor you during and after a procedure. The consequences can be dire if the doctor makes a mistake and provides too much or too little anesthesia. Some potential negative outcomes include:

• Waking up during the procedure
• Brain damage
• Blindness
• Heart attack
• Blood clots
• Coma or death
• Oxygen deprivation 
• Allergic reaction 

Not using anesthesia correctly can cause permanent health problems. If this happens to you, consult with a medical malpractice lawyer immediately.

Treatment Errors

Physicians who make mistakes when doing treatments can be held liable if another reasonably competent doctor with the same training wouldn’t have done the same thing. For instance, a medical malpractice lawsuit can be filed if a physician gives you the wrong or too much medication.

Surgical Errors

Surgeons have been trained for many years and can be sued if they make obvious mistakes during surgery that a similarly trained surgeon wouldn’t have made. Some examples of surgical errors include:

• Performing a procedure on the wrong patient
• Performing a procedure on the wrong side
• Forgetting surgical tools inside the body
• Removing healthy tissue or organs

Every surgery has risks, and not every subpar outcome is medical malpractice. However, significant surgical errors can lead to devastating consequences and, sometimes, death. You can be entitled to compensation in a medical malpractice claim if a significant error was made during your procedure.

Birth Injuries

Many things may go awry during childbirth, and the consequences can be devastating for the mother and child. During labor, babies are vulnerable to many injuries, such as brain bruising, shoulder injuries, fractures, cerebral palsy, and more.

For instance, if the doctor doesn’t correctly monitor the baby and mother with medical devices, they can be liable for injuries.

Key Parts Of A Medical Malpractice Claim 

If you think a doctor or medical facility injured you, you have the burden of proof. Proving a medical malpractice claim successfully means proving several elements, including:

• You had a doctor-patient relationship, meaning the medical professional provided you with professional medical care and had a duty of care to you. 
• The doctor breached their duty of care by acting or not acting in a way that no reasonably skilled medical professional with similar training would have done. 
• You suffered injuries because the doctor failed to treat you with proper care. 
• You have suffered monetary damages because of the doctor’s negligence, such as medical expenses, lost income, and pain and suffering. 

You typically have a doctor-patient relationship when a doctor or other medical professional takes you as a patient and provides medical advice or treatment.

Who Can You File A Medical Malpractice Claim Against? 

Depending on the circumstances, you can file your claim against many people and entities. It’s critical to pinpoint the correct parties to sue, and that is something your medical malpractice attorney will handle:

• Doctors and surgeons: You may file your claim against the doctor or surgeon who provided substandard care. Filing against dentists, nurses, nurse practitioners, and physician assistants is also possible. 
• Healthcare facilities: Hospitals and similar medical facilities can also be sued because they may be liable for the actions of their employees. It can happen if the medical facility doesn’t maintain enough staff, neglects training, or doesn’t maintain medical equipment. 

You can sue or settle your case, regardless of who you file the claim against. In a medical malpractice lawsuit, the court will decide if the defendant is to blame and whether you receive compensation. If you settle your case, you will get a settlement from the doctor’s insurance company in exchange for not filing a lawsuit.

You should always retain an experienced medical malpractice lawyer if you have a case. They know how to determine who may be liable and guide you through the complex process. Proving medical malpractice is immensely difficult and requires the help of a skilled attorney. These are technical and complex claims, and you and your attorney will need significant, conclusive medical evidence to prevail. Your attorney will likely rely on medical experts to testify that the medical professional was negligent.

Also, you must show that the doctor’s negligence caused the injury. It is difficult, especially when there is a preexisting condition. For instance, if the doctor didn’t diagnose your brain cancer, they can argue that it was too late to treat it anyway. You would have to prove that the late diagnosis hurt you.

Your medical malpractice attorney will collect the information and evidence for a convincing case. Your personal injury lawyer will also increase the chances of you obtaining the most compensation by showing the severity of the effects on your life.

What Compensation Is Available In A Medical Malpractice Lawsuit?

You should receive compensation for injuries and other damages when a medical provider or facility injures you. Some damages you can receive in a claim or lawsuit are:

• Medical expenses - past, present, and future
• Lost earnings and possibly lost earning ability
• Pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life 

One of your personal injury attorney’s roles is accurately estimating your case’s value. Then, they will demand the insurance company for what you will take to settle the case. It commences settlement negotiations, which can take months, depending on the case. Your lawyer will also explain the damages caps that are in place in your state, if any. For example, some states cap pain and suffering damages, but your state can differ.

How Much Is Your Medical Malpractice Claim Worth? 

No two claims are alike, so there is no typical settlement you can count on. That said, several factors will probably affect the size of your settlement or jury award:

• The severity of the injury: How severely the doctor’s error hurt you will be the biggest factor in your settlement amount. Did you suffer a permanent brain injury? The case value will be higher than for a lesser injury. 
• Loss of income: How much time have you lost from work after the medical malpractice injury? Are you unable to work because of a permanent disability? Your case value will rise. 
• Your medical expenses and care needs: People with many medical care needs and bills will have a higher case value. If you suffer blindness because of an anesthesia error, the case will have a higher value. 
• How much liability: The degree of liability that the doctor has will also influence your claim. If the doctor is entirely responsible for the injury, the case may be worth more. On the other hand, if you have a preexisting condition that is partially to blame, the case can be worth less. 
• Available insurance: The amount of insurance coverage can limit your financial recovery. However, doctors and medical facilities usually have policies that cover millions in damages. 
• State caps on damages: Your claim can be reduced because many states have limits on certain types of damages. 

A medical malpractice attorney can review your case for free today and estimate its potential value.

Contact A Medical Malpractice Attorney Today 

Did a doctor’s negligence injure you? You could have a medical malpractice lawsuit and be compensated for your losses. Speak to a Michigan personal injury lawyer in your community today in a free legal consultation. Most medical malpractice attorneys are paid by contingency agreement, so you won’t have to pay out-of-pocket costs for legal expenses.