In every state, there are time limits for the filing of lawsuits, known
as statutes of limitation. If you are injured due to
medical malpractice, one of the biggest mistakes you can make is waiting too long to file
a claim. A few states have time limits as short as a year from the date
of treatment, while the average is approximately 2 years to file a medical
The “discovery rule” suspends a statute of limitations until
an injury due to malpractice is, or should have been, discovered. For
example, if a doctor leaves a small sponge inside of your stomach after
surgery and you don’t find out about the sponge until 3 years later,
the statute of limitations starts then and not when the malpractice occurred.
However, if there is evidence that proves you should have known about
the object, your case could be dismissed.
Continuous Treatment Rule
Certain states have a “continuous treatment rule,” which means
the beginning of a statute of limitations starts only after the health
care provider has stopped treating you for your condition. If a doctor
injures you during surgery and continues treating you for another 2 years,
the statute of limitations won’t begin until the treatment is complete.
If you were harmed as an infant/minor, your statute of limitations may
be extended to give you enough time to file a lawsuit.
Talk to one of our experienced Orlando personal injury lawyers at The Maher
Law Firm today! We can handle all the details of your personal injury
claim and help you get the compensation you need and deserve.
(855) 338-0720 or
contact us online
to speak with an attorney.