The consequences can be extremely serious when a medical mistake or medical malpractice occurs. When a medical doctor or surgeon makes a mistake, it can lead to extreme sickness, injuries, or even death.
Often, these mistakes come in the form of a misdiagnosis or a diagnosis that was made far too late, injuries sustained during childbirth, errors during anesthesia, medication mistakes such as too high a dose, and surgery areas such as causing other damage while in surgery.
Patients who have suffered from a medical mistake and the consequences from it have the right to seek compensation to offset the suffering and harm done, whether that’s physical, mental, or both.
However, there is typically a short window of time in which you can file a lawsuit for medical malpractice. These time periods vary by state and if you miss the deadline, you lose your legal right to seek compensation for your injuries.
Statute of Limitations
Like many other types of crime and civil claims, time limits are put on the filing of malpractice lawsuits for many reasons. The statute of limitations for this type of incident depends on the state in which the procedure was performed or the incident occurred.
In Indiana, for example, the time limit is two years after the medical mistake unless the lawsuit is large and seeks more than $15,000 from the defendant, in which case the time period may be extended.
Slips and Falls and Other Hospital Accidents
Medical malpractice doesn’t have to mean that some medical procedure was done to you. It can also be negligence that leads to an injury.
In one case, and elderly man was not accompanied to the bathroom, and his fall in the hospital caused him serious injuries, including a broken hip. His malpractice lawsuit asserted that the facility and the doctor in charge of his care should have assessed him more carefully and realized that he was a fall risk.
When any medical mistake occurs, or negligence causes a medical incident, it’s important to be diagnosed and to seek a legal consultation right away so that the statute of limitations doesn’t limit your possible future actions. In this man’s case, the fractured bone wasn’t diagnosed for months, delaying his treatment as well as shortening the time he had to file a lawsuit.
