The statute of limitations for medical malpractice is generally two years but there are exceptions. If you are dealing with a state institution or medical provider, then there is a one year notification period. Sometimes, there are reasonable extensions that you can get, if you file within a two year period. When you become aware that you may have had a medical injury due to misdiagnosis or surgical error, you want to bring that to the attention of a lawyer who practices in this area relatively speedily.
You don't want to run up against the timeline of the statute because sometimes, your lawyer will need months just to obtain the records and have everything properly reviewed. You can't just file a case in Connecticut at the last minute because there is a good faith requirement that mandates that the lawyer who files the case has to have the subject matter reviewed by a similar healthcare provider, who has a board certification that matches the board certification, if there is one, of the medical provider involved. You need an actual written opinion to file the case.
What Are Common Reasons For Filing Of Dental Malpractice Cases?
A common reason for a dental malpractice claim is a missed cancer diagnosis. When a dentist examines your mouth, they have been trained to look at your oral cavity to see if there are any indications that you might have some form of oral cancer. While they may not be competent enough to diagnose it, they will tell you it needs to be looked at. Other reasons might be the loss of teeth or the insertion of improper materials.
What Is The Average Settlement For Medical Malpractice Lawsuits?
As a general rule, most law firms that practice in medical malpractice tend not to take cases that don't present a six figure value because in order to get that settlement, a lot of work has to be done. A lawyer is going to invest hundreds of hours of their time and tens of thousands of dollars of their money because these cases are typically handled on a contingency fee. Some of these cases settle in the millions of dollars.
Do I Have To Pay Taxes On My Medical Malpractice Settlement?
We've been advised by our accountants that personal injury settlements are non-taxable under the US Tax Code.
For more information on Statute Of Limitations In Medical Malpractice Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (860) 322-5302 today.