What are the Time Limitations for Medical Malpractice in Aransas Pass?
The right to regulate laws governing medical liability such as how funds are awarded, who pays what, how much is paid, and how repayment is disbursed to the plaintiff, as well as what the statute of limitations and how they apply, is determined differently by each state. In Aransas Pass, authority lies with the State of Texas to regulate medical malpractice lawsuits.
It is important for anyone seeking a claim to know what the time limitations are for medical malpractice in Aransas Pass. While some sources might provide a simple, uninformed answer, there are a number of situations that could influence the Aransas Pass time limitations for individual cases.
The legal timeframe to file a medical malpractice is two years from date of injury in most instances. The law begins the two-year countdown from the date of the last treatment or hospitalization associated with the injury or the date the injury was discovered, whichever comes last. It is only necessary to file the suit before the period ends, and any claim started within the time period is not bound to finish within it.
Establishing a valid date is fundamental, as our attorneys must work within what the time limitations are for medical malpractice in Aransas Pass if we are to win your case. However, there are often instances where an individual cannot identify when the injury occurred, or instances when injuries lay dormant only to surface years after treatment has concluded. In these cases, attorneys can use evidence and testimony of medical experts to show the technical date cannot be reasonably adhered to and reset the deadline.
Another exception to the general two-year statute of limitations is a medical error caused by faulty medical equipment, products, or medication. In these cases, the statute of limitations falls under products liability law, which adds a fifteen-year statute of repose. This allows any claim brought against the manufacturers of the product or medication in question (but not against a doctor or hospital involved) fifteen years from the date the product was sold or distributed by the defendant in Aransas Pass.
If you have a medical malpractice claim, you likely have many more questions, and we encourage you to call a member of our team and ask to speak with an Aransas Pass statute of limitations attorney specialist. The initial consultation is free, and our attorney can provide a response that directly tailored to your case.
When you meet with Carabin & Shaw’s attorneys, we will build a historical timeline by obtaining documentation of the care you received, the services provided, and the subsequent signs and symptoms that led you to believe a particular act or failure to act led to your injury.
If supporting documentation gives sufficient reason to suspect medical malpractice was to blame, Carabin & Shaw’s attorneys will file a lawsuit on your behalf; the lawsuit must be based on negligence of a medical professional or facility that resulted in your injury. Negligence can be due to failure to provide expected standard of care, lack of oversight, lack of skill, or those involved in treatment who could have or should have taken alternate action and failed to do so. Individuals or companies in Aransas Pass possibly liable in the lawsuit can include doctors, nurses, physical therapists, hospitals, long term care, radiology facilities and staff, and nursing facilities.
If you still have concerns about what are the time limitations for medical malpractice in Aransas Pass, we recommend you contact the law offices of Carabin & Shaw and speak with one of our knowledgeable attorneys. We offer a free initial consultation, where we can easily advise you if you should gather your information and come in for a more formal and extensive meeting. Call us in Aransas Pass at 361.717.4411 today, or call our toll-free number 24 hours a day at 800-862-1260.