Statute Of Limitations Essay

645 Words2 Pages

The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations …show more content…

The malpractice must be filed within two years after the incident was discovered but with no more than four years after in case of fraudulent concealment or intentional misinterpretation. However, this should not be beyond seven years after the occurrence of the actual incident (Miller, 2006). Many states have implemented no limit on the award given on the victim if he wins the case and the total sum to be given is dependent on the decision of the jury. However, the state of Florida implements caps on the amount of award to be given. Non-economic damages ranges from $500,000 to $1,500,000 only and may be doubled in severe injury on the patient and depending on the circumstances of the malpractice and its effects on the individual and immediate family. On the other hand, the punitive damages may be unlimited if the malpractice is proven to be done on purpose and full intent (Medical Malpractice, …show more content…

In the state, the plaintiff only has two years to file a complaint of medical malpractice and related injury or death. This rule also applies for children under six years of age as they only have two years after their sixth birthday to make a claim. Minors over the age of six have no more than three years to file a medical malpractice case against a healthcare professional. Accordingly, the State of South Dakota does not award recovery claims for non-economic damages of more than an additional of $500,000 from the current and future medical expenses. On the other hand, the state does not implement caps on attorney’s fees (Medical Malpractice,

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