Is there a Statute of Limitations on medical malpractice?
Or does anybody know where on the internet I can find out?
Answers:
In most states its 2 yrs. The question is when does the time start: when the incident occurred or when the negligence was found? Say a doctor left a tool in you and it has caused you pain for 5yrs. Then during an ultrasound or after an x-ray for something else, the tool is found and identified. A malpractice lawyer will say the statute of limitations begins from the day the source of your pain was identified as the tool left inside. The doctor's defense will try to argue that the statute begins the day the tool was left behind. It's up to the judge to make the determination.
It's nearly impossible to successfully sue a doctor for malpractice. The insurance companies have seen to it that malpractice cases are very expensive. This prevents a lot of people from getting any justice whatsoever. A lawyer won't even touch the case unless they can see a million dollar payout to cover the expenses. Generally, you have to have multiple deaths and a class action to succeed.
Laws and such vary in different locations, contact your local Medical Association or state prosecutor and ask.
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