Michael H. Bereston, Inc.

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Phone: 410-793-4554

Toll Free: 866-517-4037

The basics of the time limit to bring a medical malpractice suit

Malpractice suits, like all lawsuits, are subject to time limits known as 'statutes of limitations.' In fact, the only type of legal action that isn't subject to a time limit are prosecutions for murder. Most other lawsuits, civil and criminal, are subject to time limits. The purpose of time limits is to ensure that people (a) bring their claims in a timely manner and (b) relieve people from being worried about getting sued for their entire life. This post will go over the basics of statutes of limitations (SOLs) and how they may affect you.

SOLs are defined by two general rules. First, when you actually discover your harm and second, when you should have discovered the harm. Your SOL does not begin to tick until one of those two events occurs. When you discover the harm is easy to measure because it is clear in situations to which it applies, for example, car accidents. You know when you are injured because you were aware when it happened.

Surgical errors are more difficult because you are unconscious when you are injured. Thus, the test for most of these injuries is when it would have been reasonable for you to discover the harm. This test is favorable to victims because many people may not discover their injury for years. But, once you are aware of it, the SOL begins to toll.

If you believe you may have been the victim of a surgical error, you should call a lawyer at your earliest convenience. As you can see, there is some leniency for victims of surgical errors because it is difficult for laypeople to identify when and how they are injured because they rely on their doctors. But once you become aware, for example of a piece of surgical equipment left inside you, then you should contact an attorney because your time limit has started. A lawyer can help you get fair compensation 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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