MALPRACTICE

Are there time limitations for filing a claim?

Every state has certain time limits governing how long you have to file a personal injury case after an injury or accident occurs. These time limits include wrongful death and medical malpractice cases. The law refers to these time limits as statutes of limitation. The amount of time available to file a claim depends on the state in which you live, and in some cases, the type of case being filed. Most cases must be brought within three years after the date of injury, or one year after the injured party discovers the injury, whichever occurs first. Actions by a minor shall be commenced within three years from the date of the injury, or a child under the full age of six years shall be commenced within three years or prior to his eighth birthday, whichever provides a longer period. Because delay can jeopardize your claim, you should have an attorney who specializes in these cases review your claim as soon as possible.

What is Vicarious Liability?

Vicarious Liability occurs when a person is held responsible for the tort of another, even though the person being held responsible may not have done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by their employees, such as the event of hospitals and physicians. One can make the assumption that a physician is an employee of the hospital without making an inquiry as to whether or not the physician is actually an employee of the hospital. Therefore, the hospital could be held accountable for any of the physician`s actions, without having done anything wrong.

How should I select a Malpractice Attorney?

The selection of a qualified attorney is an important matter. It is recommended that you do some research before selecting an attorney to represent your interests. References are generally a good source of information on the competency and reliability of an attorney`s skills and practice. References can be sought from other attorneys, even if they practice in a different area of law or in a different jurisdiction.

Remember, the more information you provide, the easier it is for us to help you.