How Long Do I Have To File a Medical Malpractice Claim?

If you’re reading this, it’s likely you’ve suffered an injury due to medical malpractice, but you haven’t made a claim yet. Perhaps you’ve found yourself in a “wait-and-see” position. You’re not alone. Many people delay making a claim, and for a lot of reasons. Maybe you haven’t found the time, or the prospect of filing a claim feels too overwhelming. It may surprise you to know that delaying your claim can mean losing your right to sue forever, no matter how deserving your case.

 

Why Delaying a Claim is Risky

The law places time limits on filing for medical malpractice claims. These time limits are known as “Statutes of Limitations.” If you don’t file your claim within the time limit (usually between 1-3 years, depending on the state), you can be prevented from bringing your claim to court, and your right to sue will be lost forever. That is why it is always best to seek advice from an experienced attorney sooner rather than later. At least this way you can find out what actions you need to take in order to preserve your claim.

 

When to Begin Filing a Medical Claim?

 

There is no set rule, and it generally differs from state to state, and even court to court. The time to begin your claim could be:

 

  • As soon as the negligent act has taken place
  • Once the negligent act results in injury
  • Once the plaintiff has discovered he or she was injured
  • When the treatment from the healthcare provider concludes

 

What Steps Should I Take First?

 

Often medical providers are willing to perform services to remedy your problem. It’s worthwhile to reach out to your healthcare provider before making a claim. Taking this step will also help you gain a better understanding of what went wrong.

 

If speaking to your healthcare provider does not result in a solution, don’t delay contacting a professional. The sooner your attorney can investigate your claim, the easier it will be to pursue your case. Any delay can lead to lost records, faded memories of those involved, and, worse still, losing your rights to sue altogether.

Our experienced attorneys will help you establish whether you have a case.

Do not hesitate to contact Diez-Arguelles & Tejedor today for a confidential assessment.  Call now 1-888-888-3773. The consultation and calls are FREE.

 

2019-05-13T11:46:21-05:00
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