Is there a statute of limitations for medical malpractice claims?
August 25, 2022 | 50,00 EUR | answered by Thomas Eiserfelder
Dear lawyer,
I am reaching out to you because I am unsure if there is a statute of limitations for medical malpractice claims. About two years ago, I underwent a surgery that unfortunately resulted in complications. Since then, I have been suffering from significant health problems that greatly impact my daily life. I have had several discussions with my treating doctor, who could not provide me with satisfactory answers to my questions.
I am concerned that I may lose my claims for compensation and damages if I wait too long to take legal action. Therefore, I would like to know if and when medical malpractice claims expire and what steps I should take to protect my rights.
I would greatly appreciate your expert opinion on this matter and hope that you can assist me in gaining clarity on my legal situation. Thank you in advance for your support.
Sincerely,
Elvira Ratzberg
Dear Ms. Ratzberg,
Thank you for your inquiry regarding the statute of limitations for medical malpractice claims. It is understandable that you are concerned about potentially losing your claims for damages and pain and suffering if you wait too long to take legal action. I would like to assist you and provide you with information on this important topic.
In general, the statute of limitations for medical malpractice claims is three years. This period begins from the moment the patient becomes aware of the circumstances that establish the claim. This means that the limitation period only starts running when you became aware of the complications from the surgery and possible medical errors, or when you should have become aware of them.
It is important to note that the statute of limitations for medical malpractice claims also starts running even if the treating doctor did not adequately inform you about possible errors or complications. This means that even if you only found out about the possible medical errors later on, you can still assert your claims as long as the three years have not expired.
To protect your rights and assert any potential claims, I recommend promptly consulting with a medical law attorney. They can assist you in the legal assessment of your case, review your claims, and, if necessary, take steps to enforce your rights.
It is crucial not to wait too long, as the three-year statute of limitations can quickly elapse. The sooner you seek legal assistance, the better your chances may be of successfully asserting your claims.
I hope this information is helpful to you, and I am available for further questions. Please do not hesitate to contact me to discuss your legal situation in more detail.
Best regards,
Thomas Eiserfelder
Medical Law Attorney
