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What happens when medical errors are discovered after two years?

If a patient is injured by a doctor’s negligence, he or she may have a legal right to bring a medical malpractice lawsuit. However, patients may not always realize that their condition resulted from a medical mistake or error.

For example, some errors might be easily detectable, such as a surgical error or medication error that results in a complication or severe patient reaction. Yet what about a misdiagnosis? If a doctor fails to draw the correct conclusion from a patient’s symptoms, months or even years might elapse. During that time, a patient’s condition can deteriorate and new symptoms might emerge. If that patient were to file a lawsuit, is it possible to prove that a certain set of conditions was present on a previous date?

Our law firm focuses on personal injury law, including medical malpractice. We have helped patients utilize the law to hold hospitals and providers accountable when the care they received fell below professional standards. Yet as a recent article reminds us, there are legal requirements and procedures that must be observed when filing a medical malpractice claim, including a statute of limitations. That patient in that story was barred from filing a claim because it was untimely.

For example, Alabama state law requires that a claim against a doctor must be brought within two years of the incident unless the negligence could not have been detected within that limitations period. In such event, a claim must be brought within six months of when the medical negligence was or should have been discovered, whichever is earlier. Ala. Code § 6-5-482 (1993). Check out our firm’s medical malpractice website to learn more about our approach.

Source: The New York Times, “When Bad Doctors Happen to Good Patients,” Thomas Moore and Steve Cohen, Aug. 31, 2015

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I have the utmost respect for Rip Andrews and the lawyers at MRB Law. They took a case that others would have stayed clear of because the issue of state immunity was involved. Through determination and unwavering commitment they were able to a find resolution to an extremely difficult matter.
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"They took a case that others would have stayed clear of.."
I have the utmost respect for Rip Andrews and the lawyers at MRB Law. They took a case that others would have stayed clear of because the issue of state immunity was involved. Through determination and unwavering commitment they were able to a find resolution to an extremely difficult matter.
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These lawyers took a complicated issue, revealed the truth in a way 12 jurors unfamiliar with the topic could understand, and brought justice to my family through a multi-million dollar verdict. They were able to relate my “invisible” medical condition to the jury better than I can to my own friends. And because of that, the jury hugged me and cried with me when it was all over. That meant more to me than any amount of money.
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"They...brought justice to my family through a multi-million dollar verdict."
These lawyers took a complicated issue, revealed the truth in a way 12 jurors unfamiliar with the topic could understand, and brought justice to my family through a multi-million dollar verdict. They were able to relate my “invisible” medical condition to the jury better than I can to my own friends. And because of that, the jury hugged me and cried with me when it was all over. That meant more to me than any amount of money.
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I can’t adequately put into words the appreciation I have for Mr. Derrick Mills and MRB Law. He was assertive in his fight for justice for our family during our time of tragedy. Mr. Mills is knowledgeable, passionate and a great communicator. Our relationship began as strangers but ended in friendship thanks to the compassion he showed. Thank you Mr. Mills for being a dedicated professional! Justice done right!
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"Our relationship began as strangers but ended in friendship thanks to the compassion he showed."
I can’t adequately put into words the appreciation I have for Mr. Derrick Mills and MRB Law. He was assertive in his fight for justice for our family during our time of tragedy. Mr. Mills is knowledgeable, passionate and a great communicator. Our relationship began as strangers but ended in friendship thanks to the compassion he showed. Thank you Mr. Mills for being a dedicated professional! Justice done right!
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