Who Can Bring A Medical Malpractice Claim Against A Doctor Or Hospital

Medical malpractice cases can obviously be brought by the person whose been injured. In those cases in which they die, the case can be brought by the parents, the spouse or the surviving children.

Something you need to think about when evaluating whether you have a medical malpractice case, and it's very important, are the time limits that are imposed upon when a case needs to be filed. In most states, cases need to be brought within two years of the date of the bad act. And the bad act typically is easily identifiable. And what I mean by that is obviously if a surgery took place, we can identify that is the date of the bad act. If there's a continuing course of treatment, that becomes more difficult to define when was the bad act because it becomes more difficult to say, for instance, when did the cancer -- when should that have been diagnosed. So it's very difficult to miss or easy to miss the statute of limitations, so you need to talk to a lawyer as quickly as you can because the doctor or his insurance company may say that you missed the statute of limitations if you wait too long.

One other thing to think about, if the claim involves a public institution or a governmental entity such as a public hospital, you must place that institution on notice of a potential claim typically within six months or you may be barred from bringing a claim against that governmental or public institution.

If you miss the statute of limitations, you will not be entitled to your day in court.

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