Michael H. Bereston, Inc.

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Phone: 410-793-4554

Toll Free: 866-517-4037

There is a time limit to file a medical malpractice claim

Surgeons are people, in many ways superhuman people, but people, nonetheless. As a patient, you need to be able to trust your doctor as you are placing your life literally in their hands. So, when a surgeon makes a mistake, it is devastating and unsettling. This article will go over how long you have to file a medical malpractice lawsuit against the doctor and hospital that made a mistake during your procedure.

There are two types of errors; the kind you discover immediately and the kind that take years to find out. The law imposes time limits to file a lawsuit. The reason for these time limits is because even victims have a responsibility to discover if they are injured and to do something about it. People should not be allowed to wait 40 years before they decide to file a lawsuit. After this much time has passed, evidence disappears, people forget and the circumstances change. As a result, the lawsuit becomes much more complicated to pursue.

It is critical when calculating your time limit, that you know when the clock begins "ticking." This largely depends on which state you live in. In some states, the clock begins running the moment that you incur the injury. If it was a surgical error, it would be the moment the doctor made the mistake during the procedure. Other states don?t start the clock until you knew or should have known that you were injured. Other courts start the clock when "treatment" ends. This could mean the moment you are wheeled out of the hospital, the moment your physical therapy ends, or the moment you are discharged from outpatient care.

Additionally, most medical malpractice time limits are shorter than regular tort time limits. States generally try to balance patient needs and the need for doctors to provide medical care. It is bad for society if doctors and hospitals are more concerned with liability exposure than providing medical care.

Time is of the essence when discussing surgical errors, so you may want to consult with a lawyer as quickly as possible. These time limitation rules are hard and fast and act as a complete bar to litigation. If you prevaricate, then it could prevent you from seeking recovery for your injuries.

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Office Location

Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
Baltimore/Annapolis: 410-269-5011
DC: 202-628-2226
Fax: 410-269-5022

Annapolis Medical Malpractice Office

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