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Statutes of Limitations, anattorneyforyou.com:"A “statute of limitation” is a time frame that defines the length of time an individual has to file a claim. The time limit begins when an injury occurs, or is discovered, and concludes on the latest date the injured person can file suit. These time limits vary from state to state, and depend on the type of claim to be filed. The time frame of the statute of limitations usually begins when the injury or wrongful act occurs. However, some states may allow a claim to proceed if the wrongdoing or injury was not discovered until a later date. The time frame would then begin on the date of discovery." http://www.anattorneyforyou.com/legal/mm_statuteof ******************************************************
Legal Malpractice: Did The Statute of Limitations Really Expire? Blumberg Law Offices:"A case involving the failure of an attorney to file a case before the expiration of the statute of limitations is sometimes called a "blown statute case." A blown statute would seem to be a slam-dunk legal malpractice case, assuming that the underlying case would have been won. However, there are many instances when the statute of limitations is tolled or extended. For example, was the previous lawyer run over while on the way to the courthouse? Or was his former client knocked unconscious? Perhaps his former client's negligent surgeon was out-of-state for several weeks, or declared bankruptcy. The expiration of one year does not necessarily mean that the plaintiff's rights were lost.
If a client presents a case that is based upon the failure of the previous attorney to file a complaint before the statute of limitations expired, the second attorney should make sure that it has, in fact, expired. If the subsequent attorney files a legal malpractice case, unaware that the statute has not expired, he or she -- and not the previous attorney -- will have caused the harm when the statute expires while the matter is under his or her control." ******************************************************
Frequently Asked Questions: Statute Of Limitations, Cleveland Law Library Association:"No one-size-fits-all answer exists. Every state has its own time limits, and even within a state the period of time in which you must file a lawsuit varies according to the type of claim." Nolo.com: article on statute of limitations.
"In order to discourage unreasonable delay in bringing civil lawsuits and criminal prosecutions, statutes of limitations provide time limits for beginning such actions. These time limits begin to run when the right to take legal action arises or when a crime is committed. In general, the unexcused failure to start a case on time bars a court from hearing the case.
Some of the common time limits for starting civil cases are: 21 years to recover real estate; 15 years to sue on written contracts; six years to sue on oral contracts; two years for actions for personal injuries or property damage; and one year for libel, slander, malicious prosecution, false imprisonment, and professional malpractice. Most other types of lawsuits are subject to a four-year limitation." Ohio State Bar Association: The Law and You." ******************************************************
Statute of Limitations, The Cochran Firm, L.L.C.:"One of the first questions that must be answered before expending the effort and money to properly evaluate whether a potential medical malpractice claim exists is the question of whether the claim is beyond the statute of limitations. In Louisiana, the statute of limitations is call the prescriptive period. If a case is prescribed, it is beyond the statute of limitations.
In Louisiana, a person has one year from the date they either knew, or should have known of the potential malpractice in which to bring a claim. If a claim is not instituted within this time period, it is barred by prescription." ******************************************************
Analyzing the statute of limitations for legal malpractice actions, Hartley & Hartley:"The California Supreme Court has been trying since 1992 to draw a bright line on when the statute of limitations for legal malpractice claims (Code of Civil Procedure, section 340.6) begins to run. This article will discuss the doctrinal failure of the Supreme Court's analysis of the statute, and suggest an alternative formulation to reach the goal of a clearer analysis of when the statute begins to run and why.
Since 1971, dozens of courts have tried to determine when the statute of limitations runs on attorney malpractice claims. Various doctrines have risen and fallen faster than the change seasons, and the unwary client or lawyer who relies on an older case--even a seminal case, like Budd v. Nixen--may find that the case has been distinguished or overruled, sometimes sub silentio. The recent attempts by the Supreme Court to clarify the statute have instead spread chaos in the law. Even experienced practitioners in the area find it difficult to predict what the courts will do next. It is therefore not an area for the unwary or inexperienced."
Hartley & Hartley ******************************************************
The Medical Malpractice Statute Of Limitations: Some Answers And Some Questions, McMillen, Reinhart & Voght, P.A.:"The time limitation for filing medical negligence claims in Florida is governed in the first instance by F.S., 95.11(4)(b).(1) This statute contains three separate time periods that may be applicable. First, the case must be commenced(2) within two years "...from the time the incident is discovered, or should have been discovered with the exercise of due diligence."(3) Because the date a patient discovered, or should have discovered, an incident of medical negligence may be many years following the actual medical treatment, the legislature also saw fit to impose a second limitation in the form of an absolute statute of repose. The statutory language thus continues, "...in no event shall the action be commenced later than four years from the date of the incident or occurrence out of which the action accrued."(4) In order to avoid encouraging concealment of negligent conduct by health care providers, the statute concludes with the third time period. In cases where the plaintiff can show that "fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury within the four year period, the period of limitations is extended forward two years...but in no event to exceed seven years from the date the incident giving rise to the injury occurred."(5)
When statute of limitation issues arise in medical negligence cases, they most often involve the interpretation or application of the two year limitations period, rather than the four year or seven year statute of repose. This article focuses on the impact of recent appellate decisions regarding the two year statute of limitations, particularly addressing the kind of knowledge that will trigger the commencement of the two year limitations period and who must have that knowledge before the clock will begin running." ******************************************************
Medical Malpractice Statute of limitations by State, MedicalMalpractice.com:"Many states toll the medical malpractice statute for incapacity. Often language exists in the statute that does not start the time limit running until the victim knew or "should have known" about the malpractice. Special rules can exist for medical malpractice involving hidden surgical instruments or "foreign object" cases, in which malpractice is difficult to find in a timely manner. In addition, where there is a death from medical malpractice, many states have "wrongful death" statutes that govern the time limit for bringing an action. Stautes of repose can also place absolute time limits on these exceptions. These rules and exceptions exist in almost all states so you should not merely rely on the general rule, but should seek legal counsel as to the specific rules and exceptions in your state governing medical malpractice Statutes of Limitations." ******************************************************
Medical Malpractice Statute Of Limitations, medmalattorney.us.com:"All states in the USA have legislation known as a ‘statute of limitations’ which is a law referable to the time limits within which legal action must be pursued. The regulation takes effect by preventing the pursuance of proceedings which have been filed in a US court after a certain time period has passed. Provided that the court papers have been filed and served on the defendant prior to the expiry of the relevant period then the matter can thereafter be pursued often at a leisurely pace notwithstanding that the period has expired. The limiting factor is usually to ensure that the court has signed and sealed the documents alleging negligence and that those papers have been delivered to the defendant or his representatives prior to the expiry of the time limit." ******************************************************
What is the Statute of Limitations? VBAC.INFO:"The statute of limitations for filing a VBAC case is a time limit set by law which creates a deadline for filing the suit. If you file your suit after the deadline the suit will be thrown out of court. Each state has its own special requirements and some states allow extensions or have exceptions to their time limits. Although each state differs, these malpractice statutes of limitations may be as short as six months or as long as four years or more. A few states will postpone the running of the statute of limitations for an injured child until the child reaches a certain age, like 18, or 21. Other states apply the same short statute of limitations to infants and children that they apply to adults.
If you think you may have a claim for medical malpractice arising out of your VBAC you should contact a malpractice lawyer as soon as possible to learn the precise deadline in your state. There may be a great deal of work to do to prepare your case before it can be filed. Some malpractice lawyers will not even agree to investigate a potential case unless there are several months remaining on the statute of limitations. Another benefit to starting the claim as soon as possible is that sometimes there are important records that can be obtained before they are destroyed or reduced to microfilm. The prompt collection of evidence may make a big difference in successfully proving your case. It is far easier to prove a medical record has been altered if you have access to the original rather than a microfilm copy.
McMillen, Reinhart & Voght, P.A. ****************************************************** ****************************************************** See also:
MedMal Consulting:'MedMal Consulting is a Physician owned and operated full-service medical malpractice evaluation and medical negligence consulting support firm. MedMal Consulting has doctors, legal nurse consultants, and medical legal litigation support personnel to assist with every aspect of your medical negligence case. Established in 1992, Dr. Herman and MedMal Consulting have over 18 years of experience in the medical legal field and have assisted in obtaining more than $147 million dollars in verdicts and settlements in medical malpractice cases." ****************************************************** Check Your Mail Here or Register for an E-mail Account, yourname@nursingexperts.com
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"A legal nurse consultant is part of an emerging field of experts used by law firms. In the past, only physicians and other types of experts were considered to assist attorneys with the medical aspects of their cases. Today, a legal nurse consultant provides an affordable alternative for law firms..." ****************************************************** Please select from the following: ******************************************************
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