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Medical malpractice claim doomed for using wrong mail carrier

| May 20, 2013 | Failure To Diagnose & Misdiagnosis

Massachusetts residents considering filing malpractice claims might be interested to hear that a woman in another state’s medical malpractice claim may possibly be doomed because it arrived one day after the two-year statute of limitations expired. Although the La Porte, Indiana, woman mailed her paperwork one day before the deadline, the Indiana Court of Appeals ruled it still is not considered timely since it was not mailed via certified or registered mail through the U.S. Postal Service.

The woman had mailed her medical malpractice claim, which asserts that an area hospital and staff were responsible for her husband’s death, in to the courts via FedEx. However, the Court of Appeals unanimously agreed that only mail that is sent via the U.S. Postal Service, whether it is a letter, form or malpractice claim based on misdiagnosis, is considered filed on the day of the mailing. Therefore, it seems the woman’s claim may go uncompensated due to a technical error.

Medical malpractice lawsuits claim that a person received medical care that was substandard to the standards generally accepted in the medical community. Examples of situations in which people may file medical malpractice lawsuits are when they are misdiagnosed of cancer, when they have medical equipment left inside them after a surgery or have an unnecessary operation after being told that they needed it by a physician and various other instances. Such lawsuits claim that the person’s condition was caused by or made worse by the negligence of a doctor or medical facility.

Medical malpractice attorneys may help those wishing to file medical malpractice lawsuits compile the evidence that they need to prove their claims in court. They may also help them with filing any necessary paperwork, making sure that it is filled out completely and filed on time.

Source: The NWI Times, “Using wrong mail service dooms LaPorte woman’s malpractice claim“, Dan Carden, May 09, 2013


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