Help for Victims and Families of Medical Malpractice

Being the victim of medical malpractice or knowing a loved one who has can be a devastating and life-altering experience. However, in the midst of all the legal hoops you most likely will have to jump through, you do have legal rights that can protect your financial future and ease your peace of mind. The following captions touch base on these legal rights and the statute of limitations that you will need to abide by in order to receive any compensation for your injuries. For further information, or to discuss your claim and the legal options available to you, contact a medical malpractice attorney in your area.

Your Legal Rights

If you or a loved one has been a victim of medical malpractice, your legal rights allow you to take legal action against any responsible licensed health care provider - including doctors, counselors, psychologists and/or psychotherapists involved in said injury.

Amount of Claims in a Medical Malpractice Lawsuit

Non-economic damages are generally limited to $500,000.00 per claimant in most cases, or $1 million in cases in which the plaintiff dies or is left in a persistent vegetative state. Total non-economic damages may not exceed $1 million in most cases and punitive damages are limited to the lesser of three times compensatory damages, or $500,000.00. Further, there is no cap to punitive damages if intent to harm has been determined.

As a patient, viewing a doctor's and/or hospital's record of adverse medical incidents, including malpractice, is also a component of your legal rights. States are prohibited from licensing doctors who have committed three or more incidents of malpractice which involve a finding of medical malpractice by a court, administrative agency, or binding arbitration.

Statute of Limitations for Medical Malpractice Claims.

Every state has certain time limits governing how long you have to file a medical malpractice claim after an injury or accident occurs. The law refers to these time limits as statutes of limitations. Medical malpractice actions must be commenced within 2 years from the date of the act giving rise to injury, or within two years from the date the injury was or should have been detected, but no malpractice action may be commenced more than 4 years following the act giving rise to the injury. These limitations apply to minors aged eight or older. For injuries to a child under the age of eight resulting from medical malpractice, the child must file suit by his or her eighth birthday or within the standard limitations period, whichever time period is greater for any damages in excess of that amount. Regardless of how strong the malpractice claim may be, if the suit is not initiated with the statute, then the suit cannot be brought.

Medical Malpractice Litigation.

Within the allotted statute of limitations period described above, a plaintiff must serve upon the defendant a notice of intent to initiate medical malpractice litigation, which includes a verified written medical expert opinion attesting that there are reasonable grounds to believe that each named defendant was negligent. If a defendant denies the existence of reasonable grounds for the plaintiff's claim, that defendant must file a corroborating verified written medical expert opinion.

Since statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved, it is important to discuss your medical malpractice claim with an experienced lawyer who is well seasoned in this area of law.

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