Let’s pretend that you had a medical device implanted into your body a few months ago – perhaps a pacemaker or maybe a new hip. Ever since the surgery, you just haven’t felt right and the implant doesn’t seem to be doing what you thought it was supposed to do.
You go back to the doctor and you cannot seem to get any satisfaction to remedy your issues. You happen to discover that the device you recently received has been recalled.
This does not necessarily mean that your doctor or medical provider has committed malpractice. In fact, a very small percentage of cases end up in the category of malpractice. There are many factors involved and a lot of information required before a case of malpractice is determined, including legalities. Simply, it takes a lot of time to build a case.
For those reasons, if you suspect malpractice on the part of your doctor or medical providers, we strongly urge you to see us at Theodoros & Rooth right away – before any more time goes by.
There are statutes of limitations that apply to all injury cases, which act like deadlines to file your lawsuit. If you do not file a lawsuit on time, it is highly likely that the court will dismiss your case, even if it is meritorious. It’s not all that simple as there are a lot of other factors to consider, but realize it’s a good rule of thumb to get started as soon as possible, especially when the evidence is fresh and more easily available.
Statutes of limitations can vary from state to state and can differ depending on the kind of action involved.
Don’t assume either that you may have passed the deadline. As stated, there are some exceptions and technicalities involved in these cases. Again, let us help you decide if you still have the time to properly execute your case.
Here are a few examples of statutes of limitations we would deal with at Theodoros & Rooth in the state of Indiana. These are basically two year statutes, at least on paper.
Medical malpractice – 2 years
Personal injury – 2 years
Product liability – 2 years after the cause of action accrues
Wrongful death – 2 years
If you or a loved one has suffered serious injury because of medical errors that might be caused by malpractice, or a product or medicine has caused illness, injury or even death, contact Theodoros & Rooth today. We will get to work immediately to determine if you have a case. If you do, we will work quickly and aggressively to get you the settlement you deserve.