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Medical Malpractice Statute of Limitations

In: Business and Management

Submitted By Jayline80
Words 496
Pages 2
Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice claims involving minors under the age of six, a claim must be filed by the minor's ninth birthday The two states obviously have two different statutes with a couple of differences as well as similarities. The time frame differs in that Ma. gives you five more years than Al. to file medical malpractice actions. Ma. statute also differs in that it carries a provision in it for a foreign object left inside the body which Al. statutes does not possess. The age that the statutes considers an individual to be a minor also differs between the two states; however they both carry a stipulation that recognizes a minor as being unique. They also both include a clause that could possibly lengthen the time frame based upon the date the injury was, or should have been discovered. Don’t give up on a claim just because you feel that the statute of limitations has expired for your claim to be valid; however, delays in filing do tend to help the other side more than it helps you. In conclusion we have identified and discussed the statute of limitations concerning medical malpractice for the States of Alabama and Massachusetts. We also discussed some of the differences and similarities that the two states shared.

References:
1. http://www.edgarsnyder.com/resources/statute-limitations/alabama.html
2. E:\Modules\Module03\Background.htm
3. http://www.consumerlaw.com/medical.html#general
4. http://www.expertlaw.com/library/malpractice_by_state/Massachusetts.html#6

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