The statute of limitations is just one aspect of the intricacies involved in medical malpractice cases. Every state has adopted their own statute of limitations pertaining to cases of medical errors. The term referred to as “statute of limitations” is the deadline that is given to the right that a victim has in filing a claim. Despite the various aspects and factors that are involved with medical mistake cases, victims of a medical malpractice have the ability to fight for their rights and be compensated for the damage that has been done to them.
A skilled lawyer that is studied in the laws of medical malpractice can ensure that their clients follow the rules associated with the statute of limitations pertaining to the state in which they reside. Medical malpractice cases must strictly abide by the statute of limitations. A plaintiff that does not abide by the rules of the statute of limitations will not have the ability to proceed with their case. Their case would simply be dismissed. Because it is so crucial for a victim’s case, it is essential that the plaintiff hires a personal injury lawyer that practices medical malpractice.
Time Frame Allowed for Medical Malpractice Cases in
Florida Statutes section 95.11(4)(b) states the allowed time that victims of a malpractice have in the state of Florida. Once a medical error has been determined or the moment it should have been determined, the victim will have a time frame of two years form that moment in the state of Florida. In addition, once the medical allegation has taken place, despite the time the malpractice was discovered, there is a time limit of two years. The only way this would not apply to the case is if there was found to be some form of fraud, or that the victim is under the age of 8.
The only exclusion to these laws is the “fraud” aspect of the case. What the law of Florida states is that if any concealment, misrepresentation, or fraud intentionally done impeded the discover of such injury, a two-year extension would be given once the injury has been found or should have been, but from the day that the injury occurred, it cannot exceed a seven year time frame. This means that a person will have an extension of two years after the error was discovered but cannot surpass a total of seven years after the incident.
A lawsuit for a child who encountered a medical error before the age of 8, must have someone on their behalf file their claim before their 8th birthday. The requirements for the statute of limitations are so precise and for this reason, the victim should seek the aid of a medical professional mistake expert from Percy Martinez Law Firm.
Locations for Lawyers who specialize for Medical Malpractice
- Medical Malpractice Attorneys Orlando
- Medical Malpractice Lawyers Miami
- Medical Malpractice Lawyers Tampa
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