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The Rule of Discovery of Harm in Medical Malpractice

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In a personal injury case, every state of the US has its own laws related to the time span when a person can bring forth the case within that time. Such law is called ‘statute of limitations.

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Medical malpractices are one of the subtypes of personal injury cases. In a few states, the statute of limitations for medical malpractice is the same as there are for other personal injury cases. While in other states, they differ. For instance, a few states allow two to six years to bring forth a case of medical malpractice; whereas some allow only one year.

The Discovery Rule in Medical Malpractice

The discovery rule changes the statute of limitations depending upon the case. This refers to the concept that the victim did not know that the legal claim occurred and must not be punished as the harm was discovered quite late. The goal of this rule gives the plaintiff an opportunity to file the case after the statute of limitation is collapsed and he or she did know that the particular harm existed.

Each state has a different rule regarding the discovery of the harm. For instance, few states extend the statute of limitation to one year while others extend for many years. While few states have laws that until the harm is discovered the statute of limitations does not start.

Application of the Discovery Rule

There are countless ways that the rule of discovery is applied.  For instance, if a patient had a surgery in January 2017, and had no negative symptoms or problems till January 2018 when the patient began experiencing symptoms such as pain.

The statute of limitations for filing the case will start from the day of discovery, January 2018 until January 2020, as long as there is a statute of limitations of three years. After collapsing of the standard time limit, the victim must rely on the discovery rule to file a lawsuit.

Sufficient and Reasonable Notice

The foundation of the discovery rule states that the statute of limitations begins running when the victim reasonably ought to have known that he or she remains the victim of medical malpractice.

For instance, a patient is diagnosed that he or she has a surgical instrument inside the body, this will place the victim on notice that he or she fell victim of the medical malpractice.

Additional Factors Affecting Statute of Limitations

Apart from the rule of the discovery of harm, other factors also come into play that affects the statute of limitations. For instance, claims of medical malpractice can have a shortened statute of limitation. Certain claims related to product liability can also lessen than other kinds of personal injury cases; this is called the statue of repose.

In case the victim is under the age of 18, the statute of limitations will not start until the victim turns 18. In case such claims are made against a government entity, statute of limitations will be shorter with an additional requirement to file the case.

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What is Considered Personal Injury?

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Personal injury law (also known as tort law) includes the case of an injured plaintiff to receive compensation for the fault of another’s intentional or negligent act to cause the plaintiff harm. Personal injuries can include a number of situations and can be serious if the individual suffered a severe injury.

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Make sure to contact a personal injury attorney right away if you have suffered on behalf of another.

This article will explain what is considered personal injury, according to the law.

  1. 1. Car Accidents
  2. 2. Medical Malpractice
  3. 3. Slip and Falls
  4. 4. Defamation: Slander and Libel
  5. 5. Dog Bites
  6. 6. Battery, Assault, and Other Intentional Torts

1. Car Accidents

Car accidents make up the majority of personal injury cases in the US. An accident usually occurs when one isn’t following the rules of the road, either not paying attention or going too fast in the given conditions.

The defendant, or careless driver, will be held responsible for the injuries occurred during the accident. There are exceptions in “no fault” states, whereas the drivers must collect from their insurance companies, except in cases of severe injuries.

2. Medical Malpractice

When a healthcare professional or doctor does not provide the necessary or competent care a patient needs, the injury or pain and suffering of a patient is the result. These medical malpractice cases are considered more complex as they involve a number of unique situations.

3. Slip and Falls

Another type of common personal injury case, the property owners (or renters) must keep their homes free of hazards and safe to prevent the injuries of any and all visitors. While not all injuries sustained on the property will result in the owner being liable, this is not always the case. Ultimately, their legal duty will vary depending on the unique situation and state where the injury happened.

Slip and Fall personal injury claims are usually based on premises liability laws.

4. Defamation: Slander and Libel

Defamation in the state of slander or libel is when one suffers an injury to his or her reputation as a result of false claims. The plaintiff must prove who they are and the situation in which the claim was made. Usually, this person will need to prove that the false statement was made and they suffered financial harm as a result.

In the case of public figures or celebrities, they must prove “actual malice,” meaning they must prove that the false claim was made intentionally or with disregard to the truth of what was really true.

5. Dog Bites

Most dog owners are always financially responsible for bites and injuries occurred to the person from the dog. The details of the law will vary according to each state. But in some situations, there are strict liability rules and the owner of the dog will be liable for the damages caused by the dog bite, even if the dog never showed aggression in the past.

Some states go by the “one bite” rule in which dog owners are responsible for personal injury charges if there is a reason for them to know their dog is aggressive.

6. Battery, Assault, and Other Intentional Torts

Intentional torts are not based on accidents as a result of carelessness, but when one intentionally harms another. These cases will usually involve the condition of a criminal case against the perpetrator. For instance, if one physically harms another, they will most likely face criminal charges. The victim can also file a personal injury lawsuit against the criminal to get proper compensation for the injuries.

Work with a Personal Injury Attorney

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Berry Tucker has years of experience with diverse divorce cases. He can also provide a cost-effective solution for your case.

If you can identify with any of the situations explained above, it’s important to reach out to a personal injury attorney right away. In addition to paying for your medical bills, you can also be compensated for pain and suffering as a result of the injury.

When searching for a lawyer, it’s important to find one who is experienced and is knowledgeable of all updated laws in order to receive the most compensation. This must also be done as soon as possible as there is a time limit for which you will need to file to fully prove that their wrongdoing was a result of your injuries.

One such experienced law firm includes Berry K. Tucker & Associates, Ltd. Not only do they have over 50 years of combined legal experience, but they can provide the guidance and assistance you need to receive proper compensation for all injuries occurred. They have also worked in diverse cases, allowing them to make well-rounded decisions in unique situations that have ended up working in the client’s best interest.

For more information on their personal injury attorneys, please call Berry K. Tucker & Associates, Ltd. at (708) 425-9530. We look forward to hearing from you soon!

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