The Statute of Limitations for Medical Malpractice Lawsuits
Malpractice lawsuits are very difficult to litigate and are extremely fact intensive. Attempting to file a malpractice suit without the assistance of a medical malpractice lawyer drastically reduces your chances of successfully settling your case or winning in court.
A lawsuit stemming from medical malpractice has filing deadlines just like every other type of civil action. To avoid outright dismissal of a claim for lack of adherence to these filing deadlines, it is important to move swiftly in your pursuit of a just remedy from the medical provider, doctor or other medical professional that caused your injury. One way to avoid falling behind on statutory deadlines to become aware of what the dates are, consult an attorney and make sure that you compile all the necessary information expeditiously.
Statute of Limitations in Medical Malpractice Cases
Statute of limitations filing restrictions vary from state to state. In North Carolina, you have up to two full years from the date that you discover the injury caused from the malpractice and no more than four years if the type of injury sustained is of the type that cannot be discovered right away.
For a malpractice claim that involves any kind of object that serves no diagnostic or therapeutic purpose and is left inside of your body during your surgery, you have one year from the date that you discover the object and up to a total of 10 years from the date of the incident to bring a claim. This is what’s classified as the “discovery rule.”
The discovery rule gives victims of medical malpractice extra time to file a claim. The main reason for this is that there are some injuries that may not be discovered right away, and to apply the traditional statute of limitations to these kinds of cases would be a grave injustice. This is particularly true for those who may have had medical equipment left inside their body during surgery only to discover that it remains in their body years later.
Why You Will Need An Attorney
Medical malpractice cases are time consuming, tedious and strenuous. Attempting to take on a doctor or a hospital and their team of lawyers on your own is a difficult battle. Don’t sell yourself short. The right medical malpractice lawyer can completely change the dynamic of your lawsuit and get you the relief you deserve.
If you or a loved one has been injured by a medical care professional or you have general questions concerning medical malpractice lawsuits, contact Campbell & Associates today for a free consultation with one of our talented malpractice lawyers in North Carolina.
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