Tag Archives: Medical Malpractice

Statute of Limitations: 2 Years to File Medical Negligence

Medical Malpractice in Colorado

Medical Malpractice in ColoradoThe default mindset when filing a complaint for medical negligence is, the fresher the case, the better. It makes sense since the problem is easier to recall. Nonetheless, some cases can only be determined in the course of time.

There may come a time when a personal injury matures enough to have relevance and the body of evidence becomes fuller. A failed operation, a misdiagnosis or a wrong treatment prescription may fully manifest its side effects only after months or years. For these cases, the law provides ample time for filing on a later date with the help of legal professionals, such as M-S-Lawyers.com.

Time is Up

The maximum period before a person files a lawsuit is the “statutes of limitations”. The limits vary per state.

In Colorado, the limitation is 2 years for medical malpractice, including the discovery rule. This means that a case stays relevant once a claimant realizes the negligence immediately, or until the symptoms or illnesses became apparent.

Barring the Right to Claim

If the lawsuit or claim is not made before the statutory deadline, the right to claim is lost or in legal terms “barred”.

Nonetheless, there are some instances when a case may proceed years after the statutory deadline is over. This may apply to children who have yet to reach eighteen before filing a lawsuit. In this case, the period is extended to allow for their maturity.

A lawyer can explain whether the claimant has enough time left to make the claim worth pursuing. Medical negligence is quite complex and requires professional consultation. Having a lawyer can make the case clearer and help in determining whether there is a case to start with.

Time is of the essence when it comes to filing lawsuits for medical negligence. Making the move early on can provide a stronger case and higher chances of success.

What Do You Need to Prove Medical Malpractice?

Evidence of Malpractice in United States

Evidence of Malpractice in United StatesAdequate access to medical care is a basic human right, which is why governments implement healthcare policies for citizens. Unfortunately, not everyone gets the same degree of treatment. This is especially true for those serving jail time.

The lack of medical attention in jails causes injuries and sometimes, early death, among prisoners. What’s more, the costs for the damages put a heavier burden on the families. In response, the government made amendments to the law to accommodate inmates.

What the law says about it

Noll Law Office says that the Eighth Amendment to the United States Constitution is violated when prison officials display “deliberate indifference to serious medical needs of prisoners.” Legal avenues are available if your loved one is a prisoner and victim of medical malpractice. Here are things that will help your claim:

Establish a doctor-patient relationship

Some patients get treatment or medical advice from doctors who are indirectly working on them, causing the courts to easily dismiss claims. Inmates should prove in writing that they are regular patients of the healthcare employee who committed the medical malpractice.

Evidence of malpractice

There should be a documented evidence of medical malpractice. The evidence should prove that a healthcare professional gave the wrong dosage, diagnosis, or medication. Failure to diagnose, treat, or warn the patient of risks are also forms of neglect.

Citing the healthcare professional as the cause

Anything can happen during the trial. Defendants may blame faulty instruments or natural causes. The evidence should, “beyond reasonable doubt”, point to the healthcare employee as the source of the damage. Consult a medical expert as a witness to prove that the inmate didn’t receive a medical standard of care from the defendant, which led to physical or financial damages.

Damages due to malpractice

Claimants must establish a direct link between the healthcare professional’s procedures and the resulting damages. These may come in various forms, such as physical pain, mental anguish, additional medical bills or loss of employment.

The law dictates that even prisoners are eligible for adequate healthcare. If the healthcare or the lack of it, causes more harm than help, however, they are also entitled to get compensation under due process of law. The right preparation and a personal injury lawyer will help give your loved one that justice they deserve.