Medical malpractice can result in devastating consequences. Whether a medical professional misdiagnosed a patient, committed negligent errors while administering treatment or overlooked critical information during patient care, their mistakes can worsen a patient’s prognosis and increase their overall medical expenses.
It is normal for patients affected by malpractice to feel betrayed and anxious about the future. After all, they trusted their doctor, and now they may worry about how their condition could affect their family or their finances. It may take some time for people to reach the decision to file a medical malpractice lawsuit.
Patients and grieving families often take comfort in the two-year statute of limitations. They have 24 months in which to take legal action. What many people fail to realize is that the countdown passes much more quickly than they might initially anticipate.
Waiting 20 months could be too long
A medical malpractice lawsuit takes time to develop. The affected patient or their surviving family members must meet with an attorney. They need to review medical records, interview witnesses, consult with experts who have insight into medical care standards and prepare all of the necessary paperwork for litigation.
Then there is the discovery process, which may result in the release of a substantial cache of information from the defendant named in the lawsuit. It can take even the most efficient lawyer months to prepare for a medical malpractice lawsuit. If plaintiffs wait until the 11th hour right before the statute of limitations expires, there may not be enough time to develop the lawsuit before the statute of limitations expires, leaving them unable to pursue compensation.
Early consultations benefit patients
In the first weeks after discovering a serious medical error, people may have many practical issues to address. Scheduling a first consultation with a medical malpractice attorney likely needs to be on their to-do list. An early consultation after malpractice occurs gives the injured party and their attorneys enough time to gather evidence, prepare paperwork and make all necessary submissions to the local courts.
Leaving a buffer by initiating legal filings well before the second anniversary of a malpractice incident provides an opportunity to correct any issues that may arise that could result in a rejected filing or other delays in the litigation process. The sooner that injured patients or grieving families discuss medical malpractice with a legal professional, the better their chances of successfully taking action in civil court.