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

Medical malpractice claims have due dates. Like other types of civil lawsuits, there is a time limit on filing a medical malpractice claim. This is called the statute of limitations and once this time period is up, you may not be able to take legal action. Knowing what this time limit is and how to file a medical malpractice claim is extremely important to prevent this from happening. You can also contact a Wilmington medical malpractice attorney to speed up this process.

MEDICAL MALPRACTICE STATUTE OF LIMITATIONS

The statute of limitations to file a medical malpractice claim varies from state to state. In the state of Delaware, the statute of limitations for medical malpractice is limited to two years. This means a medical malpractice claim cannot be pursued two years after the date of the injury caused by malpractice.

However, this must also mean the injury must have been known during those two years. In other words, the person who was injured by malpractice must have known they were injured by malpractice. Those who did not know about the injury and could not have reasonably discovered the injury sooner could have up to three years to sue.

Minors under the age of six years old who were injured by malpractice have until their sixth birthday to take legal action. This means their parents can file a medical malpractice claim up until the time they turn six years old. Determining the statute of limitations for minors in this category can become complicated.

Consider contacting a Wilmington medical malpractice lawyer if you have any questions about this. Unique circumstances and legal loopholes might be available depending on certain circumstances. C0nsulting with an experienced lawyer about your unique circumstances might open up legal opportunities you did not realize were available.

WHAT COUNTS AS MEDICAL MALPRACTICE?

Knowing what counts as medical malpractice is almost as important as knowing the time limit on filing your claim. Medical malpractice is broadly defined as a medical professional who fails to uphold the standards of care in the medical field. This means a failure to take proper actions or the failure to act to prevent harm.

In either case, when physical or emotional harm are caused to the patient, then the patient has the option to sue. Some of the most common examples of medical malpractice include:

• Misdiagnosis
• Failure to treat
• Reckless actions that cause injuries
• Misuse of medication or medical devices
• Failure to obtain informed consent
• Surgical errors
• Delayed diagnosis or treatment
• Medication errors

If you suspect medical malpractice, then consider reaching out to a lawyer for guidance on how to file your claim. You could be eligible for significant compensation.

MEDICAL MALPRACTICE ATTORNEY IN DELAWARE

Filing a medical malpractice claim can take a lot of time and energy. Do not hesitate to ask a Delaware medical malpractice lawyer for guidance. You can contact Edelstein Martin & Nelson at (302) 295-5050 today for a free consultation about your situation. Our legal team is prepared to increase your chances of compensation for lost income, pain and suffering, and medical expenses. We are located in Wilmington, DE.