When you visit a doctor or hospital, you expect them to keep you safe. Yet, for thousands of people each year, that trust is shattered by preventable medical errors. Delayed diagnoses or surgical mistakes can devastate victims and their families. These errors can cause serious harm or even death. Medical malpractice can turn lives upside down.
If you or a loved one is hurt, time is critical. Strict filing deadlines, known as statutes of limitations, determine how long you have to seek justice. These deadlines vary by state, and missing them can mean losing the chance to hold negligent healthcare providers accountable and secure compensation.
At Strickland & Kendall, L.L.C., we understand how overwhelming this process can be. We are here to help. Our experienced team understands how hard this process can be. We are committed to guiding you every step of the way.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider’s mistake causes harm. This mistake is called negligence. This means they failed to meet the standard of care expected in their profession.
Here are some of the most common examples of medical malpractice:
- Misdiagnosis or Delayed Diagnosis: When doctors fail to correctly identify a condition, the delay can lead to serious health problems.
- Surgical Errors: Mistakes during surgery, like operating on the wrong part of the body, can cause lasting harm.
- Medication Mistakes: Giving the wrong drug or dosage can lead to dangerous complications.
- Birth Injuries: Errors during childbirth can hurt both the mother and baby, causing long-term effects.
If you or a loved one has experienced any of these issues, you may have a medical malpractice claim.
What Are Statutes of Limitations?
Statutes of limitations are legal deadlines that determine how long you have to file a claim. These laws are designed to ensure cases are resolved while evidence remains fresh and witnesses can recall events clearly. However, these deadlines are strict—missing them can mean losing your right to seek justice.
General Medical Malpractice Deadlines
Each state has its own rules for filing medical malpractice claims. In most cases, the filing deadline is:
- A set number of years from the date the injury occurred.
- An extension may be allowed if the injury was not immediately apparent, known as the “discovery rule.” This extension usually has a final deadline, no matter when the injury is found.
Deadlines for Minors and Special Cases
Special rules may apply for minors or legally incapacitated individuals. In many states, children often have until after their 18th birthday to file a claim.
Because these rules vary by state, it’s important to consult an attorney promptly to ensure your claim is filed on time and your rights are protected.
Wrongful Death Claims in Medical Malpractice
When medical malpractice results in the death of a loved one, the case shifts from personal injury to a wrongful death claim. These cases are about seeking justice for the loss and holding the responsible party accountable.
How Wrongful Death Claims Are Different
Wrongful death claims differ from injury cases in key ways:
- Punitive Damages: Unlike injury claims, damages in wrongful death cases are meant to punish the wrongdoer and prevent future mistakes. They do not cover losses like medical bills or lost wages.
- Filing Deadlines: The time limit to file varies by state, usually between one and three years from the date of death.
Why Acting Quickly Matters
To build a strong wrongful death case, you need:
- Evidence: Collect medical records and other key documents as soon as possible.
- Expert Testimony: Medical experts can help show how the provider failed in their duty of care.
- Witness Statements: Early statements ensure important details aren’t lost over time.
Taking action promptly helps protect your rights and build a stronger case. Reach out to a wrongful death attorney today to ensure you get the support and guidance you need.
What Happens if You Miss the Filing Deadline?
Missing the statute of limitations can result in severe consequences:
- Your Case May Be Dismissed: If you miss the deadline, courts may refuse to hear your case.
- You Lose Your Right to Compensation: Even if your case is strong, you will not be able to recover damages.
Time is crucial. If you think you may have a claim, it’s important to get help right away. Contact Strickland & Kendall today. Our experienced attorneys are ready to help you protect your rights and pursue the justice you deserve. Reach out now to avoid missing your chance.
How Strickland & Kendall Can Help
Navigating the complexities of medical malpractice and wrongful death claims requires an experienced legal team. At Strickland & Kendall, L.L.C., we have decades of experience handling medical malpractice and wrongful death claims. We understand how overwhelming this process can be and are here to help.
What We Offer:
- Free Case Evaluations: We’ll assess your claim at no cost and advise you on your legal options.
- Comprehensive Support: From gathering evidence to filing your case and representing you in court, we handle every detail.
- Expertise You Can Trust: We have a proven track record of success in medical malpractice and wrongful death cases.
- Relentless Advocacy: Whether you’re pursuing damages for injury or seeking justice for a loved one, we fight tirelessly to maximize your compensation.
Learn more about our services by visiting our pages on Medical Malpractice and Wrongful Death Claims.
Protect Your Rights Today
Filing a medical malpractice or wrongful death claim is a race against time. The sooner you act, the better your chances of building a strong case and protecting your rights.
At Strickland & Kendall, L.L.C., we understand the challenges you’re facing. Let us handle the legal process so you can focus on healing.
Our experienced attorneys are ready to fight for the justice and compensation you deserve.
Schedule your consultation now, and get help today!