(845) 802-0047One of the most important considerations when filing a medical malpractice claim is filing within the statute of limitations. The statute of limitations referred to the allotted time that a person has to file a personal injury case. If a person does not file within that time, they lose the right to pursue legal action. If you want to know more about the Hudson Valley heart attack medical malpractice statute of limitations, call a capable and compassionate heart attack medical malpractice lawyer that could make sure you are aware of deadlines. Let a skilled attorney advocate for you.
How Long a Person Has to File a Claim
The injured person has two years and six months from the date of the malpractice to bring a claim. If the malpractice occurred on a certain day and resulted in death or injury months later, the date that is relevant in calculating the Hudson Valley heart attack medical malpractice statute of limitations would be the date that the doctor was negligent or deviated from good and accepted standards of care.
In cases involving the Veterans Administration Hospital, the deadline is different. That would be a claim under the Federal Tort Claims Act and the person bringing the claim has to file a notice of claim called a Standard Form 95 within two years of the date of the doctor’s negligence. In cases involving a municipal hospital like Westchester Medical Center, the person bringing the claim has to file a notice of claim within 90 days of the negligence and has to file a lawsuit within one year and 90 days of the negligence.
When to File a Heart Attack Malpractice Case
Knowing the deadline to sue is the most important issue in heart attack cases. Making sure that the lawsuit would be filed before the statute of limitations is the most important thing because once the statute of limitations expires, the person’s rights are gone. The statute of limitations begins to run on the date of the negligence by the physician. If the doctor failed to diagnose a heart attack or the signs or symptoms of a heart on a specific date, that is the date that the deadline to sue begins to run. From that date, the person would have two years and six months to sue.
Exceptions to the Statute of Limitations
The only exception to the statute of limitations in heart attack cases would be the continuous medical treatment doctrine. If the patient continues to treat with the doctor for the same medical condition, the deadline to sue does not begin until the patient stops treating with the doctor.
The Benefit of a Hudson Valley Heart Attack Medical Malpractice Attorney
One of the first questions an attorney may ask you is, “when did the malpractice incident occur? ” It is important to know the exact date that the malpractice took place. A skilled attorney could advise someone on when their Hudson Valley heart attack medical malpractice statute of limitations expires. Your skilled heart attack malpractice lawyer could then document the incident, in order to ensure that your rights are protected. The attorney can also make sure to communicate with you consistently, ensuring that you are aware of deadlines, and involved in the process. If you want to file a heart attack malpractice claim before the statute of limitations ends, speak with a skilled attorney today.