Countless individuals over the years have suffered serious health issues because of the negligence of a medical professional and/or facility. Perhaps you visited the hospital with a serious medical condition, and if you were diagnosed incorrectly, you may have received the wrong type of treatment. In some cases, the actual medical problem goes undiscovered entirely. Regardless of the circumstances, negligent treatment can cause you to suffer both emotionally and financially.
If you are a victim of medical malpractice, you are likely considering your options to seek restitution for your financial burdens. There is a time limit for pursuing compensation, and if you let this period pass by, you will probably be unable to file a claim against the culpable party.
How can I avoid missing my opportunity?
The statute of limitations for medical malpractice claims is generally shorter than others, and it depends on the state in which you reside. While these time frames are a set number of years, generally one to three, the beginning of the time frame may be subject to change depending on the court. Certain courts use varying factors to determine the starting point of your allowed time, such as:
- Occurrence of incident: Some courts will determine the period allowed starting from the moment of the incident in question, such as the exact date and time of a surgical error.
- Occurrence of injury: Others may use the moment when the injury occurs. Some injuries have delayed symptoms which may be at first unnoticed.
- Awareness of injury: In some courts, the time frame begins when the patient discovers, or should have discovered, the injury.
- End of treatment: Certain courts may conclude that the end of treatment should be the beginning of the allowed time frame.
The situation may become significantly more complex if the injured party dies. If you have lost a loved one due to such negligence, the court will likely have to determine whether your case is medical malpractice or wrongful death. With the myriad of complex differences between these two classifications, you may soon find yourself in search of much-needed guidance.
Who can provide guidance and assistance
If negligent treatment caused you serious harm or caused your current medical condition to deteriorate, you are likely experiencing various hardships that are challenging to endure. In addition to your extreme pain and suffering, perhaps you now require long-term or permanent treatment for your condition, which will likely lead to extensive and draining medical expenses.
In troublesome situations such as this, you always have the option of seeking the counsel of an Ohio attorney with experience in handling complex medical malpractice claims. Your knowledgeable attorney can thoroughly examine your situation, advise you on the applicable time frame, and assist you in pursuing the full amount of restitution to which you’re entitled through a claim against the party deemed culpable for your injuries.