If i am filing a battery case agaisnt a goctor and If this situation were to result in a lawsuit, what would determine how much time the patient would have to file a claim
You can find the statute of limitations for your state online on google, or contact a local avvo attorney for a free consultation.
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For civil lawsuits arising out of assault and battery, the statute of limitations in North Carolina is 1 year. This means you must either resolve the claim through a settlement or file a lawsuit before that one year is up or your claim is gone.
For medical malpractice actions (professional negligence), the suit must be brought within three years from the date of the last act of the defendant giving rise to the cause of action or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action.
If you are planning on filing a civil suit against a doctor for battery and/or medical malpractice, I would highly recommend you seek the assistance of an attorney. Medical malpractice actions have numerous technical requirements that would be difficult for someone without legal experience to handle on their own.
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
"Battery" is three years from the date of the incident. If the battery was in the context of medical treatment is is a medical malpractice action and not a battery claim. The statute of limitations for medical malpractice is more complicated but is not less than three years from the date of the incident. However, there because it is medical malpractice, there are more things that need to be done before filing a complaint so you should see an attorney as soon as possible.
Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and specifically understands and agrees that no client-lawyer relationship has been established between Bradley A. Coxe or Hodges & Coxe PC and the inquirer.
You should consult with a local personal injury attorney in the state where this occurred. If the unlawful touching (battery) occurred in a medical treatment setting, it will probably be governed by the medical malpractice statute of limitations. (Medical malpractice statute of limitations are often shorter than limitation periods for other torts.) Otherwise, it may be governed by the general tort statute of limitations in your state relating to simple batteries. More information would be needed to give you a more definitive answer. Consult with an attorney in your area as soon as possible.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.