What is the Timeline for a Medical Malpractice Case During COVID?
Any time you’re dealing with a lawsuit or legal proceeding, it’s crucial to understand important dates and timelines. Your lawsuit could be thrown out if you miss a deadline, which makes it critical to hire a trustworthy bedsore attorney that understands them. While things like the statute of limitations will always be in effect, COVID has impacted the timeline of numerous other proceedings. Countless delays have added up for various reasons, so clients must have realistic expectations regarding the timing of their lawsuits. Here’s what you need to know about the timeline of your medical malpractice case during COVID.
Understanding New York Statute Of Limitations
Your NY bedsore lawyer in Nassau County can explain the statute of limitations for your specific situation, but it’s important to reach out to one immediately. In New York, medical malpractice claims have a statute of limitations of 30 months beginning from the injury date. This statute of limitations applies to medical practitioners and non-government hospitals. If you’re dealing with a municipal hospital, then you must act more quickly and file your complaint within 90 days, and then you must file any lawsuit within 12 months.
It’s important to note that you never want to wait until the end of the statute of limitations to begin the claim process. It can take some time to prepare the claim and investigate certain issues, and delays are even more common now during COVID. Starting the process with a bedsore attorney in the Bronx as soon as reasonably possible is ideal to protect your rights.
It’s vital to understand that you may not realize you were a victim of medical malpractice until months or years afterward. Using the above timeframes, if you start developing severe complications to a medication you were prescribed by a medical professional two years ago, contact a bedsore attorney immediately upon discovering the complication. Your discovery clock begins the day you believe the complications you’re experiencing are a result of medical malpractice. At that point, you have 90 days to file your complaint if it occurred at a municipal hospital or 30 months if it occurred at a private hospital. The takeaway is to always be aware of your health, especially after an extensive hospital stay. Medical malpractice may not become evident until months or years later.
Normal Timeline For Medical Malpractice Cases
The timeline for medical malpractice cases varies depending on how complex they are. From the time you contact a bedsore attorney to the time your case even reaches trial could be up to three years. The reason for the timeline is because the attorney will have to conduct multiple interviews with you and other parties and gather as much evidence as possible. Your bedsore attorney will then have to discuss the matter with uninterested medical experts to determine whether the medical professional in your case was negligent and caused your injuries.
You may have an opportunity to settle with the medical professionals without having to go to court, but chances are your settlement offer will be much less than what the courts will award. That’s why it’s essential to have a bedsore attorney in the Bronx who will fight for you to ensure you receive what you are entitled to. It’s fair to say a normal medical malpractice case could last greater than three years, and potentially even up to five years or more, depending on the complexity of the case.
COVID Is Creating Significant Delays In Processing Claims
COVID is creating significant delays in processing medical malpractice claims. Attorneys can’t speak with medical professionals and experts as quickly as they normally would to find out facts and information. Delays in discovering medical records and bills are also possible since many hospitals and medical facilities are overwhelmed. The statute of limitations still apply, so you must understand your deadlines to reach out to a bedsore attorney to get a lawsuit filed. But after that, chances are the timeline won’t follow the normal courses of action, and you should expect significant delays with processing your claim. The best thing you can do is provide your attorney with everything they need and trust they are taking the most efficient course of action.
Seek Legal Assistance As Soon As Possible
The most important thing to remember is to seek legal assistance as soon as you may believe you were a victim of medical malpractice. The earlier you reach out to a NY bedsore lawyer in Nassau County, the better the chances are that they’ll be able to get more evidence since the situation happened more recently. Even though COVID may delay processing times, you are still obligated to meet the statute of limitations.
Some people think bypassing a bedsore attorney in favor of representing themselves can speed up the process, but this isn’t true or ideal for many reasons. For one, you’ll have a much lower chance of succeeding if you don’t have a bedsore attorney representing you. Also, when you represent yourself, the other party will likely lowball you and offer compensation not even close to what you deserve. Unless you know how to fight against it, you may be forced to take it or leave it. But when you have a reputable bedsore attorney by your side, they will fight for you until the end, and you’ll most likely end up with higher compensation as a result.
The bedsore attorneys at Sinel & Olesen, PLLC have many years of experience helping clients win medical malpractice cases. These cases can happen just as easily at small hospitals as they do at major facilities that get a lot of praise. We will do everything in our power to speed up your medical malpractice case, even during these times of COVID. Sometimes we will be limited or severely delayed in the process, but we will remain focused and diligent in serving you. The moment you believe you are a victim of medical malpractice, contact us to speak with one of our reputable attorneys to discuss your case.