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So, basically statute of limitations is the time period during which any legal action against an incident can be started.
Depending on the nature of the incident and the place, the statute of limitations can vary.
In the US, these statutes vary from one state to the next.
When a medical practitioner is reckless or negligent and causes further harm to a patient's health, it is termed as medical malpractice.
This harm may also lead to the patient's death.
Some cases of medical malpractice can be simple like misdiagnosing the condition of a patient and therefore mistreating him, while others can be serious wherein a medical practitioner deliberately resorts to a particular treatment in order to gain financially.
Usually medical malpractice cases are connected to anesthesia errors, making a mistake during surgery, birth injuries and sexual abuse.
In the US, around twenty-five percent of all doctors are sued for medical malpractice each year.
When a patient or his family wants to sue a medical practitioner for medical malpractice, the time frame for filing case begins from the time when the patient was injured.
Usually the statute of limitations for the malpractice varies from 6 months to 5 years, depending on the state where the incident took place.
For example, in the state of Virginia, a case of medical malpractice has to be filed within 2 years from the date when the patient was injured, while in Washington D.
C.
, the statute of limitation is 3 years.
One this period is over, the patient or his family does not have the right to proceed with a lawsuit against the medical practitioner.
However, there are exceptions to this rule.
Sometimes, the injury is discovered later, so the date of statute of limitations will start from the date when the discovery was made.
Also, if the patient was a minor, then the statute of limitations can be extended until the patient reaches the age of a legal adult.
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