2007-02-14 06:00:03 · 8 answers · asked by geraldloder 1 in Politics & Government ➔ Law & Ethics
The law varies by state. Here in California, medical malpractice actions must be commenced within 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first.
If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older.
For medical malpractice actions involving minors below the age of six, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.
2007-02-14 06:10:46 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
In the UK, the general rule is that you must have settled the action or commenced legal proceedings within three years from the date you discover (or could have discovered) the injury. For example, if you have an operation but only discover after two years that the operation was botched, the three year limit runs from the date you discover the injury, not the date of the operation.
The Court has discretion to extend the three-year time limit in certain specified circumstances.
Also, if the victim is under the age of 18, the three-year limit does not begin to run until the victim has reached their 18th birthday.
There are other exceptions, such as in the case of victims with mental disabilities.
This is a complex area of law, however, and you should seek specialist legal advice on the point.
2007-02-14 20:35:05 · answer #2 · answered by carlmifflin 1 · 0⤊ 0⤋
From experience:
You have three months to lodge a complaint with the offender, even if it's just a note to say you're not happy and will seek further advice ....
Up to three years to commence legal proceedings ......
Anytime onwards to complete .......
Contact the Health Commission - website easily available on Google for further advice - be wary of those companies that offer a no-win-no-fee deal - they normally take their fees out of your compensation if you get any .... deal only with those who take their fees out of the expenses claimed back once your case is won - a judge will normally make a ruling on these in their summing up of the expenses to be repaid by the offending party .....
Also - there is a way of getting round the initial three months - if your discovery of the alleged negligence or evidence to show the negligence existed, was not found until a later time and you can show that your suffering now can show to have stemmed from that previous incident ..... you will need legal advice on this .... easily got by a one-off fee consultation with any solicitor specialising in medical negligence .....
2007-02-15 05:54:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The time has been widdled to 1 year.
2007-02-14 06:02:48 · answer #4 · answered by St♥rmy Skye 6 · 0⤊ 0⤋
if we're talking about the NHS, as soon as possible.
it could b many many years b4 u recieve any compensation.
don't leave it until they put what's wrong, right.
it could b some time b4 they give u a satisfactory outcome!
2007-02-14 06:08:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
in the uk it was 3 years but this may have changed. try this website http://www.clinical-medical-negligence-injuries.co.uk/index.php?form=medneg
2007-02-14 06:02:54 · answer #6 · answered by gina 5 · 0⤊ 0⤋
Well, i think its like 60 days or so, but dont wait to find out, go file the malpractice suit, hurry hurry hurry!!!
2007-02-14 06:05:48 · answer #7 · answered by sadeyzluv 4 · 0⤊ 1⤋
If your doctor screwed up then you're probably going to die, so you have until then to sue him.
2007-02-14 06:02:37 · answer #8 · answered by Agent Smith 2 · 0⤊ 2⤋