Law

What is the importance of statute of limitations in orthopedic malpractice claims?

Most patients after sustaining injuries in orthopedic malpractice cases think that there is lot of time to get in touch with lawyers. But this is not the case. In California, you’re bound within a certain timeline within which the case needs to be registered. California poses a date of expiration on your malpractice case. If you want to exercise your compensation rights, your first job should be to get in touch with an orthopedic expert witness through an attorney.

The statute of limitation starts from the date when the injury was discovered. These laws were created to give sufficient time to the patient to get their rights. Moreover, it is also meant to protect the defendants. Earlier, people used to make claims decades after the injury was discovered. Therefore, it was realized that time is important so that the defendants get chance to prove their points with valid documents. However, this was not possible if the cases were filed after so many years of discovery. There are high chances of evidence being destroyed. Therefore, the statute of limitation is very important.

Need of retaining experts in malpractice cases:

 Now that you understood the importance of statute of limitations, you should bring your claims as soon as your injury is discovered. If you fail to settle your claims within the statute of limitation, you’re losing your compensational rights. In California State, all medical malpractice claims should be filed within one year from the date the injury was discovered by the patient.

Orthopedic malpractices can happen during a wide range of orthopedic surgeries like shoulder, arms, knees, wrists, ankle, and other sports related injuries. If you’ve been a victim of malpractice, you need to immediately retain a lawyer.

The attorneys will go through your case but they won’t file the litigation without seeking approval from an expert witness. The expert needs to prove that there has been malpractice and there is no contributory negligence in the matter. The lawyers will file the lawsuit after that. In case of contributory negligence, there are chances of retaliation from the defendant’s side. Also, if it is found that 70% fault is of the patient, then you may not receive any compensation. Rather, you might be penalized or there can be counter-lawsuits against you. Therefore, determining the malpractice is important.

An orthopedic expert witness is called upon by the attorneys to understand the complex elements of the malpractice case. They assist an attorney in the following ways-

  • Prepare written documents based on case facts. These written reports are scientifically true and clinically proven.
  • Performs Independent Medical Examination, if required
  • Offer deposition services
  • Quantifies the damages caused (Calculates the monetary damages). They can also calculate the non-monetary compensation based on the economic damages.

Hence, if you want to exercise your compensation rights, you should immediately get in touch with an attorney. Malpractice lawsuits are complicated matters; hence an expert advice is mandatory.

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