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Medical Negligence Law

Medical negligence is a breach of duty or lack of care by a health care provider (doctors, nurses, dentists and therapists) in the circumstances of the case. Medical negligence can often result in injury or death to a patient as the treatment provided has fallen below the accepted standard of practice in the medical community.

Often natters of medical negligence are taken to court for the decision of the judges. However, judges are not trained in medical science and it is difficult for them to determine the negligence by doctors. They apply the basic principles of law in conjunction with the law of the land to make decisions. Hence, their decision is based on opinion by the medical experts. Read below where Experts have answered questions relating to Medical Negligence Law.

What is the deadline for filing a lawsuit in New Jersey?

Laws vary from state to state. In most cases, the statute of limitations for filing a medical negligence suit is 2 years. It takes effect from the date of injury or from the date the injury would be discovered. This time limit is crucial as, if the lawsuit is not filed within the stipulated period, the right to file the suit would be lost forever.

Is it medical negligence if a patient is released from the hospital without cognitive testing after a surgery and the patient still complains of health issues? What is the method to report this breach?

If a patient is released from hospital after surgery prior to testing, it could be negligence by the hospital and the surgeon treating him/her.. A personal injury attorney experienced in medical negligence could assist in recovering the records, filing a lawsuit and dealing with such situations in a court of law.

For filing arbitration and civil claims, what is the statute of limitation in California?

In the state of California, the statute of limitation is 3 years from the date of the negligent act or 1 year from the discovery of the injured. In the case of a delay in filing the lawsuit on account of not discovering the injury, the best way to pursue such a claim is to prove that the cause of death and the evidence of injury were not discovered earlier. A medical malpractice attorney should be able to assist in filing this lawsuit and recovering claims.

In the state of Michigan, can an attorney or judge modify the time limit in the case of medical negligence?

In the state of Michigan, a medical negligence action may be taken within a period of two years after the injury for which the claim is sought. A suit may also be filed within 6 months of the discovery of injury by the claimant. However, a suit needs to be filed within 6 years of the act of negligence. Since it is difficult to notice symptoms in a short span of time with regard to medical situations, flexibility in time limit is usually allowed by law.

Could a state be sued for state sanctioned medical negligence?

If an individual is injured in a state facility on account of medical negligence, under the law of Ohio, the individual can sue the state. Under this law, irrespective of the type of claim, the statute of limitations allows for a lawsuit to be filed 2 years after the negligent act in the Court of Claims.

In many lawsuits other than medical negligence, the injury to the individual may be obvious. However, with medical negligence this is not always true as it could take months or even a good number of years after the breach for the individual to actually notice any symptoms. If the patient’s injury is noticed within the stipulated time period for filing the suit, then the person is generally lucky of being given a fair judgment. Because of this, some states have introduced a new rule for the medical statutes of limitation. However, these laws and statutes can be complex and difficult to understand. When questions arise turning to an Expert for help may prove to be useful.
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