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Medical malpractice is dismissed due to statute of limitations does this imply that the defendant exonerated?

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Medical malpractice is dismissed due to statute of limitations does this imply that the defendant exonerated?

Postby deangelo51 » Tue Apr 05, 2011 10:46 am

No - the defendant is not "exonerated" (meaning adjudged that they "did not commit" malpractice). The issue is merely not "adjudicated" (meaning they are not going to consider the issue because it was filed too long after you knew about it / should have filed).
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Medical malpractice is dismissed due to statute of limitations does this imply that the defendant exonerated?

Postby arber47 » Tue Apr 05, 2011 10:58 am

It means that too much time has elapsed since time of discovery and the present. The defendant's attorney probably pointed this out to the judge. The case is dismissed because too much time has elapsed. There was no trial based on the evidence.
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Medical malpractice is dismissed due to statute of limitations does this imply that the defendant exonerated?

Postby pete » Tue Apr 05, 2011 11:04 am

The time for filing a suit ran out. No guilt or liability is decided.
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Medical malpractice is dismissed due to statute of limitations does this imply that the defendant exonerated?

Postby zackary42 » Tue Apr 05, 2011 11:17 am

Nope, it just means that the injured party is prevented from brining the case. nothing more
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Medical malpractice is dismissed due to statute of limitations does this imply that the defendant exonerated?

Postby caspar99 » Tue Apr 05, 2011 11:18 am

He could still have malpracticed. There is no exoneration as the matter was dismissed on a technicality. However, if an attorney was handling the claim, he could be liable for malpractice for failure to file within the statue.
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