Is the Statue of Limitation for Bringing Criminal Complaint Still Valid for a Medical Malpractice which Was Transferred to Mediation?
The medical lawsuits in which the patients were injured belong generally to the negligent injury according to paragraph 284 section 2 Criminal Law that is no trail without complaint according to the former half in paragraph 287 Criminal Law. There are six months for the statute of limitation for bringing complaint. The compliant which was brought over the limitation would be illegal. However, if the lawsuit had been mediated by the mediation commission but failed, the beginning point of the statute of limitation could be different and it depends on whether the lawsuit had been applied to transfer to attorney to being investigated. It could be different when the party in the lawsuit applied. Therefore, the difference of beginning point of the statute of limitation for bringing complaint should be noticed so that the it could be in time.