The timeline, also known as the statute of limitations for filing a malpractice lawsuit, varies per state. This is why it is imperative to understand the laws within your state before you proceed with filing a lawsuit. The processes are complex and may require you to hire an experienced legal practitioner to handle the case.
If you think you have a valid case, it is imperative to seek legal advice from an experienced malpractice lawyer to guide you. At Morris Bart, we handle malpractice lawsuits, and we can guide you through the timeframe for filing a lawsuit. We will also ensure that we abide by the statutes of limitations so that your case is not late for filing.
The Timeline for Filing a Lawsuit for Malpractice
Various reasons determine the timelines for filing a malpractice lawsuit. The factors vary based on your state laws, the complexity of your case, and when you reach out to a malpractice lawyer. It also depends on the kind of malpractice suit you wish to file (medical, legal, etc.).
While there are statutes of limitations on when you should file a lawsuit, it does not state when you could obtain a verdict. The process can take months or years, depending on the circumstances of your case.
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What Is Medical Malpractice?
Medical malpractice refers to negligence from licensed medical practitioners where a professional violates medical standards and harms a patient. The medical practitioners include doctors, pharmacists, nurses, and other medical specialists. When medical malpractice occurs, the victim can file a case against the defendant seeking compensation for the damage incurred.
The defendant, in this case, could be an individual or a medical organization and might be sued for the following mistakes.:
- Poor health management
- Wrong medication
- Wrong surgeries
- Childbirth injuries
- Delayed diagnosis
- Failure to treat a patient
- Poor follow-up on treatment.
If you or your loved one suffered any of the above malpractices, you could file a lawsuit for compensation within the stipulated timelines as per your state laws. An experienced medical malpractice lawyer such as Morris Bart understands the different types of malpractice and will guide you about the timelines for filing a lawsuit, no matter the malpractice that occurred.
Processes that Determine the Timelines for Filing a Lawsuit for Medical Malpractice
Before you file a malpractice case, you’re expected to present concrete evidence showing negligence from the medical specialist. Proving medical malpractice can be challenging and requires an experienced legal practitioner like Morris Bart to help you.
Without substantial evidence, you risk losing your compensation or getting a much lower settlement than expected. So, once you discover your injuries, it is imperative to contact your medical malpractice lawyer immediately.
The lawyer will hire a medical expert who can examine your injuries and testify against the defendant to establish that they deviated from the standard of care and their negligence caused your injuries.
Investigation of the Incident
Your medical malpractice lawyer will begin investigations to determine the leading cause of the malpractice and the at-fault party. This can take time, and this is why it is best to contact your lawyer once you experience the violation of your rights.
During the investigations, your attorney will conduct interviews with you and the relevant parties before generating the final report about the negligence.
Negotiation with the Relevant Parties
Not all medical malpractice cases end in court. Your lawyer might negotiate with the relevant insurance company and settle your case out of court. But the settlement might be lower than what you’d receive if you filed the case in court.
Most people do not like going to court because it takes time and involves many processes. This is why it is best to work with an experienced attorney such as the team atMorris Bart, with good negotiation skills to help you get the compensation you deserve.
Depending on the complexity, the case might last for three or more years, but you can hold your peace knowing that you have a good chance of winning your case if you work with an experienced lawyer.
The Filling of a Lawsuit
If there is no agreement on a favorable settlement between your medical malpractice lawyer and the insurance company, you will have to further the cause by filing it in court.
Your lawyer will help you file the case based on the status of limitations. In some cases, the case ends within a short while. In other cases, you may have to wait between one and three years for the case to proceed to trial.
The Trial Process
If your case proceeds to trial, you may have to wait further because the process can be lengthy. Your medical malpractice attorney will defend your case before the judge and present the evidence against the defendant.
While this process can take time, it is best to remain patient, especially when dealing with a large organization. It might result in a higher settlement that can help you recover the damage you incurred. So, generally speaking, a lawsuit for malpractice can take months to years depending on your case.
The Timeline for Filing a Medical Malpractice Lawsuit for Minors
If the victim is a minor, the timeframe for filing a lawsuit differs, depending on your state laws. Generally, the countdown begins once the parents of the minor discover the injury. Some states might not take action until the minor turns 18, no matter when the incident happened.
It is best to speak to an experienced malpractice attorney such as Morris Bart to advise and guide you on the legal processes if a medical practitioner violated your child’s health rights.
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Contact a Lawyer Before Your Deadline Approaches
The statutes of limitations are important and should be adhered to if you want to recover the damage you incurred by malpractice. You might miss out on the settlement if you do not obey the law, even if you have a valid case.
At Morris Bart, we understand the processes and can help you calculate the deadlines for filing a malpractice lawsuit. Contact us today for a free consultation.
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