New statute of limitation legislation on malpractice is being proposed in Maine. Will other states follow? Here is what you should know to protect yourself.
, in addition to the 3-year statute of limitations, a patient can pursue legal recourse"two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident."
Always be candid and up front about a patient's condition, O'Rourke says, especially if malpractice is on the table. He says it's"theoretically possible" that an increase in a limitations period could result in an increase in your malpractice insurance, since some claims that would otherwise have been barred becasue of time could then proceed, but the increase would be nominal.
"The likelihood of being sued successfully by a former patient is low, as is the risk of having to pay out of pocket to settle a claim," he says. In 2022, the number of adverse reports nationally was 38,938, and out of those,10,807In his research on medical malpractice in Texas, Silver says physicians who carried $1 million in coverage essentially never faced any personal liability on medical malpractice claims.
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