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Understanding Medical Malpractice Statutes of Limitations and Statutes of Repose

Navigating the legalities of medical malpractice can be complex and confusing. Two key legal principles that often come into play are the statute of limitations (SOL) and the statute of repose. Understanding these terms is crucial for anyone who believes they have experienced medical malpractice and is considering legal action. What is Medical Malpractice? Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. The Statute of Limitations (SOL) The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For medical malpractice, this means you have a limited period to file a lawsuit after the incident occurs or after discovering the harm caused by the malpractice. The Statute of Repose The statute of repose serves a similar function but has a crucial difference. While the statute of limitations is often triggered by the discovery of harm, the statute of repose sets an absolute deadline, regardless of when the harm was discovered. This is to provide finality and limit indefinite liability for defendants. Specifics of Medical Malpractice Timeframes in

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clear hour glass on white table

Understanding Medical Malpractice Statutes of Limitations and Statutes of Repose

Navigating the legalities of medical malpractice can be complex and confusing. Two key legal principles that often come into play are the statute of limitations (SOL) and the statute of repose. Understanding these terms is crucial for anyone who believes they have experienced medical malpractice and is considering legal action. What is Medical Malpractice? Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. The Statute of Limitations (SOL) The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For medical malpractice, this means you have a limited period to file a lawsuit after the incident occurs or after discovering the harm caused by the malpractice. The Statute of Repose The statute of repose serves a similar function but has a crucial difference. While the statute of limitations is often triggered by the discovery of harm, the statute of repose sets an absolute deadline, regardless of when the harm was discovered. This is to provide finality and limit indefinite liability for defendants. Specifics of Medical Malpractice Timeframes in

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