Surgeons usually have the most complex task, and they need to perform surgeries responsibly. Whenever you or your loved ones go to the hospital to get surgery, you literally put your hands on the hands of the doctors, surgeons, nurses, and medical personnel who will take part in the procedure. You assume they will do everything in their power to ensure the procedure turns well. While most of the time it is true, things don’t go as planned in some cases. Doctors, even the most experienced ones, can make mistakes during or after surgery. If this happens, you can sue the surgeon for medical malpractice. Rodie & Rodie PC has been handling Medical Malpractice cases in Connecticut for over 30 years. We help you get the justice you deserve and help you determine if you have a claim and who to file a lawsuit against.
The most common question most people ask is if they can sue for medical practices years after getting treatment. The short answer is yes, as most states allow you to file a claim two to three years after malpractice. The long answer is that the duration depends largely on the type of injury you get during the procedure and the state where you file the claim. In this article, we discuss the duration of the statute of limitations and how to watch the deadline.
Statute Of Limitations Deadlines
Knowing the statute of limitations deadline is important. When you try to file a claim after the deadline, the case will likely be dismissed if the healthcare provider motions to do so. This will apply in all cases unless there’s a reason to extend the deadlines for your case. There are three common deadlines to look out for: The Discovery Rule For most states, the statute of limitations will not start ticking until the victim discovers they have an injury associated with a surgery they had. The discovery rule gives the patient a grace period as most issues will take time to show. However, if evidence proves that the plaintiffs missed the statute of limitations for an object that would have been discovered earlier, the case can be dismissed. Working with an experienced attorney will help you navigate such situations.
The “Continuous Treatment” Rule
Other states use the “Continuous Treatment Rule,” where the statute of limitations begins after the defendant’s healthcare provider stops treating a patient for a condition. The duration can be longer if the same doctor continues to render services even after surgery and will only start after terminating a treatment contract.
The “Infancy” Toll Other states extend the statute of limitations if the patients are infants or minors. The duration stretches for several years after treatment, or even the infant reaches the age of majority, usually 18 years old.
Common Issues That Lead to a Lawsuits after Surgery
According to a recent Johns Hopkins study, over 250000 people die from medical malpractices in the US. Other studies report the figures to be around 44000. From these reports, medical errors are the third-leading cause of death after health disease and lung cancer. Some of the most common medical practices involve: Surgical Errors These happen far more often than anyone would think. Suppose you feel you are a victim of a surgical error. In that case, it is essential to consult an experienced attorney right away. Ensure you don’t miss the deadline for filing a lawsuit and take all the steps needed to ensure you have the best chance to succeed in your lawsuit.
Examples of situations where surgical errors can give rise to a medical malpractice claim are:
• Poor communication causes the surgeons to operate on the wrong part or organ
• Surgeons may be fatigued to the point that they should not have done the operation.
• Improper planning of surgery that causes mistakes during the procedure
• The surgeon’s incompetence when they don’t have the experience to carry out surgery but continue to do it
• Neglect during the surgery may occur when a surgeon doesn’t check if the instrument they use is sterilized or not
• Operating under the influence of alcohol or drugs.
When a doctor performs a surgical procedure on a patient, they should inform them of all the known risks of the treatment. Suppose you are unconscious during an emergency and unable to communicate for some reason. They can initiate treatment or surgery but follow up with the required information as soon as possible. The doctor should explain the treatment or procedure in the simplest way to ensure you understand. The patients will also have an opportunity to ask questions. Suppose you don’t get the correct information about the risks and benefits of a procedure. In that case, you can make a meaningful decision about your health.
Most injuries that occur due to birth surgeries are avoidable. It is a pretty routine if you have a child through surgery, like C-section. However, medical professionals sometimes make mistakes that can cause life-long effects on the child or mother. Keep Watching the Deadline It never matters if your claim is meritorious or you suffer an egregious medical error; missing the statute of limitations window will get the case overturned. It is a good idea to turn to an experienced medical malpractice lawyer well before the filing deadline. At Rodie & Rodie PC, we are always prepared to help. We strive to practice law with the patience and perspective to understand the harsh realities you can face after an injury. Contact us today to request a free case review.