The Statute Of Limitations, And How It Affects You

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. Essentially, the statute of limitations sets a limit on how long someone has before they are no longer allowed to file suit for malpractice. 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 basic foundation of the statute of limitations is the limit on how long you can wait before filing suit for malpractice. This allowed amount of time can vary from a couple years to much longer, and with extenuating circumstances it can stretch up to several years down the road. But in those instances where negative ramifications of a surger or operation are recognized immediately, the basic statute of limitations applies. The amount of time allowed from this point is generally between two and four years, and this time begins right away.

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, Massachusetts allows people four years to file suit from the date they discover the problem, but if they fail to file suit before seven years after the original mistake or ommission - no matter how late they discovered the issue - they are no longer allowed to file suit. This time is far shorter in the state of Florida, with the absolute cap being set at four years.

Know the statute of limitations in your state if you find yourself in the unfortunate position of needing to file a malpractice suit, and act accordingly.