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 Medical Surgeries, Diagnosis and Related Issues One of the most heart-breaking pieces of information which attorneys must sometimes give to patients who have suffered real damages as a result of physician malpractice is related to the Statue of Limitations. The Statute of Limitations is usually in a law or laws, and dictates limits on when lawsuits can be brought. The theory of Statute of Limitations has some real necessity. The basic purpose of the Statute of Limitations is to prevent a lawsuit from being filed long after all witnesses have died or moved and some or all documents might be lost or destroyed. One could imagine the frustration of being sued by a bank, for example, for a fee of $10 on an account which has been closed for 30 years. It would be extremely frustrating to be required to produce the documents from 30 years ago to attempt to demonstrate that you did not owe the $10. And, of course, if you could not prove your case, you might be forced to pay interest on this amount for the past 30 years. Such is the reason for the Statute of Limitations. On the other hand, the Statute of Limitations can be a serious, and in some cases, cruel impediment to recovery by persons who have suffered damages by the wrongdoing of another party. One must remember that the Statue of Limitations, in almost every instance, is definite. Once the statutory time period passes for a particular type of case, you cannot bring your lawsuit, no matter how much you have suffered. There are a few exceptions, including injuries suffered by minors, so an attorney should always be consulted. But, it is difficult to think of a more harsh bar to a lawsuit. Plainly stated, if the Statue of Limitations for your state is one year, and you file your case 370 days after it arose, your case will be dismissed the majority of the time, because of the Statute of Limitations. Because of its harshness, there are ways that attorneys have learned to get around this Statute of Limitations. Our purpose here is to call your attention to the importance of not delaying in the event that you may have a lawsuit.
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