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Medical Malpractice and the Statute of Limitations

Author: Stebee Total views: 7 Word Count: 403

As long as there is a need for medical attention there will be cases of medical malpractice. By definition, medical malpractice is a professional negligence whether by act or omission from a health care provider in which care provided deviates from accepted standards of practice and ends up causing injury to the patient. For this reason, medical professionals are required to maintain professional liability insurance in case of lawsuits based on medical negligence.



When referring to medical malpractice law, the statute of limitations refers to the period of time that an injury is discovered to the final date on which a malpractice suit can be filed. If a malpractice suit is filed and the statute of limitations has already expired then the defendant can have the case dismissed for being untimely. Of course it is the defending clinical negligence solicitors obligation to alert the court of this violation. The statute of limitations will vary from state to state, and it will differ according to each claim, but the limit may range from six months to four years. There are some cases in which an injury is not discovered for months or years after occurrence. In cases like this, under medical malpractice law, the statute of limitations is applied when the injury is discovered or estimated time occurrence.



Medical staff of any type can be held liable for instances of medical negligence. Patients have the legal right to assume care given to them by medical professionals meets a certain standard, and when this doesn’t occur a medical negligence compensation claim may ensue. You are advised at that point to contact a medical negligence lawyer. This type of lawyer is necessary to prove instances of medical negligence. They have the ability to carry out an investigation in order to gather evidence for the case. Carefully choose your medical malpractice attorney based on his/her record of winning settlements. You also want to feel comfortable working with this person.



There was an article written on June 11, 2008 concerning a Michigan Medical Negligence Case in which a woman from Tennessee was visiting family in Michigan and had to visit the West Michigan Pain Clinic in May of 2003. She received shots for pain in her neck and then two days later she went back to Tennessee and had to visit the emergency room and was diagnosed with an epidermal abscess.

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According to her clinical negligence solicitor, the doctor who gave her the injection failed to swab the area with disinfectant which caused an abscess. Her compensation claim led to over $6 million in damages.

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