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This blog recently discussed the serious nature of medical mistakes for victims. There are important considerations to be aware of in medical malpractice situations. It is essential to understand time limits as they apply to medical malpractice circumstances, which are referred to as statutes of limitation. Statutes of limitation must be strictly followed and failing to file a claim for damages within the prescribed time limit bars the claim forever.
Statutes of limitation vary by state, so it is important for victims of medical malpractice to familiarize themselves with the duration of the statute of limitation in their state. Statutes of limitation typically vary from between 1 to 3 years that the victim has to bring the claim for damages. Because statutes of limitation can be short, it is important to protect a potential claim for damages when a victim has suffered harm as a result of medical malpractice.
In addition, the period of time from which the statute of limitation begins can vary by state, so it is also important to be familiar with how the “clock” related to the statute of limitations runs in the victim’s state. Sometimes the time period begins when the injury occurred or may begin when the injury was discovered or should reasonably have been discovered. Additional methods for determining when the statute of limitations clock begins to run may also be used.
Claims for medical malpractice can have many complex aspects it is important to understand. Because of the significant impact of statutes of limitation can have on a claim for damages, it is important for victims to promptly acquaint themselves with the statute in their state to preserve their claim for the physical, financial and emotional damages they may have suffered because of medical malpractice.
Source: Injury.findlaw.com, “Time Limit Considerations in Medical Malpractice Claims,” Accessed March 27, 2014

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Gayle Gerling Pettinga

Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.

Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.

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