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Timing and procedures important to pediatric malpractice claims

On Behalf of | Dec 18, 2017 | Medical Malpractice

As a parent, you probably take whatever steps are necessary to make sure that your children remain safe, happy and healthy. You may have a pediatrician here in Louisville you believe you can trust with your child’s health care needs; that is, until something goes wrong. Your child may have suffered harm at the hands of your pediatrician or others involved in his or her care, and you wonder whether a pediatric malpractice claim is appropriate.

In order to make that determination, you must first get through a review process. After much consideration, the Kentucky legislature felt that a procedure needed to be put into place to free up the courts here in Louisville and elsewhere in the state when it comes to malpractice claims. Getting through this obstacle usually requires the help of an attorney experienced in medical malpractice claims.

Another obstacle is timing. Regardless of any other consideration, you must begin the claims process no later than 60 months after the injury actually occurred. Within the confines of that time restriction, you have 12 months from one of three events to initiate the claims process. The time begins to run from the date the injury actually occurred, the date you discovered the injury or the date that you should have found out about the injury.

Going through the pediatric malpractice process can be complex and daunting. With all of the legal requirements you must meet, including presenting the best evidence possible, it may not be a good idea to attempt to undertake filing a claim on your own. Having the right legal assistance could make the difference between a successful and relatively stress-free process and not achieving the justice or receiving the restitution you seek.