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Statute of Limitations Crucial in Medical Malpractice Cases

Medical malpractice cases arise when a doctor, nurse, hospital staff or other medical professional fails to act in accordance with the requisite standard of care and a patient is harmed as the result. If you believe you have been harmed because of an error made by your physician or other healthcare provider, it is critical to act quickly to protect your rights. All personal injury claims are subject to statutes of limitation, and the failure to bring a claim within the time frame can bar you from recovery.

A recent case from Northern California closely examined the statute of limitations in a medical malpractice case. In this matter, the plaintiff was a patient being transferred on a gurney in 2012 and he fell, breaking his clavicle and patella. Hospital staff transferring him were allegedly acting under a doctor’s orders.

Defense counsel asserted that the statute of limitations for a medical negligence case - generally one year - should apply. However, the plaintiffs asserted that the action should instead be considered general negligence. In those instances where a plaintiff doesn't discover the alleged negligence until later, the statute of limitations for a medical negligence claim is one year from the date that the patient knew or should have known of an alleged injury.

In this instance, the Supreme Court determined that the matter should be considered a medical negligence claim, and thus the one-year statute of limitations should apply.

If you have suffered any type of harm, it is critical to contact a lawyer as soon as possible to avoid the time passing to file a claim.

For more information, please contact the experienced California medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.

Categories: Medical Malpractice
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