Purposes of Statutes of Limitation for Medical Malpractice, Surgical Malpractice and Wrongful Death Lawsuits.

Two Purposes of Statutes of Limitation

Medical Malpractice, Surgical Malpractice and Wrongful Death

 

Statutes of limitation are laws that set out the time limits within which all cases, claims, causes of action, and lawsuits for medical malpractice, surgical malpractice, and wrongful death must be filed in court. If a medical malpractice, surgical malpractice, or wrongful death lawsuit is not filed before the time limit set by the statute of limitation runs out, then the lawsuit is barred and the cause of action lost forever.

Statutes of limitation for medical malpractice, surgical malpractice, and wrongful death almost always are controlled by state statute. Historically, state lawmakers have stated that statutes of limitation are intended for two purposes: The first purpose is to protect potential defendants. The second purpose is to protect the integrity of the judicial process.

Protection of Defendants

The first purpose of statutes of limitation in medical malpractice, surgical malpractice, and wrongful death cases is to protect potential defendants. The creation of a time limit within which all medical malpractice, surgical malpractice, and wrongful death lawsuits must be filed protects potential defendants by making sure that they are not forever at risk of being sued.

Protection of the Integrity of the Judicial Process

The second purpose of statutes of limitations in medical malpractice, surgical malpractice, and wrongful death cases is to protect the integrity of judicial process. Statutes of limitation for medical malpractice, surgical malpractice, and wrongful death cases are intended to make sure lawsuits are filed before memories of the witnesses have faded and evidence in the case has become stale.

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