Medical Malpractice Statutes of Limitations
Medical professionals owe a duty of care to their patients. Medical personnel are expected to provide patients with the same degree of care that they would receive from another similarly trained medical professional. If a doctor or nurse breaches that duty of care, and the patient suffers physical, emotional, or financial damages as a result, a medical malpractice lawsuit can be filed.
Individuals who are considering filing a medical malpractice claim need to be aware of medical malpractice statutes of limitations. Here, medical malpractice lawyer Lynn C. Harris, who serves the Salt Lake City, UT, and Provo, UT, areas, goes over the statutes of limitations in Utah, and how it impacts his clients’ rights to file a lawsuit.
What Are Statutes of Limitations?
The statutes of limitations is a legal deadline that places a limit on the amount of time that a person has to file a civil lawsuit. Statutes of limitations vary depending on the type of claim that is being filed, and the location where the lawsuit is filed. Statutes of limitations are set on the state level, so people need to be aware of the statute of limitations for their area.
Utah’s Medical Malpractice Statute of Limitations
In the state of Utah, the statutes of limitations for medical malpractice claims is two years. The state begins the two year deadline on the date that the injury was, or should have reasonably been, discovered. Utah further sets a maximum statutes of limitations for all types of lawsuits of four years. This means that, if medical malpractice causes an injury and the injury is discovered just days before the four year statute of limitations, the deadline to file a claim will not be extended.
Can I File a Lawsuit if the Statute of Limitations Has Passed?
Utah’s medical malpractice laws are highly regulated. If a statute of limitations deadline has passed, it is likely that a person will be unable to file a lawsuit for medical malpractice damages. Still, there may be certain exceptions, so it is always worth consulting a medical malpractice lawyer to determine if there is time to file a claim.
Don’t Wait to File a Claim
Two years sounds like a relatively long period of time, but it is essential that people act quickly when they are considering a medical malpractice lawsuit. It takes time for our Salt Lake City legal team to conduct a thorough investigation and gather the evidence necessary to build a strong medical malpractice claim. And it is always best to collect evidence and gather testimony when a situation is still fresh. So while the statutes of limitations for a medical malpractice claim is two years, we recommend that people consult with a lawyer as soon as possible if they suspect that they’ve been the victim of medical negligence.
If you are considering a medical malpractice claim, time is of the essence. Medical malpractice lawyer Lynn C. Harris would be happy to examine the details of your case and advise you on your best course of legal action. To schedule a personal consultation, contact our law firm online or call (801) 521-3200 at your earliest convenience.