Statute of limitations: what it is
Quick facts
- Definition
- Maximum period for a person to exercise, in court, a right of action.
- Effect
- Once the period has passed, the right to sue may be lost.
- Variation
- Depends on the type of action, the applicable law and when the clock started.
- Action
- Consult a lawyer; keep documentation for a period consistent with prudence.
The statute of limitations is the period within which a person can exercise, in court, a right of action. Once the period has passed, the claim may no longer be enforceable, even if the event did occur. The topic matters to the clinic because it is tied to how long it is worth keeping documents that prove what was done, explained and agreed with the patient. The reference here is Brazilian law.
What does the concept say, and what does it not say?
Limitation is a legal-certainty rule: no one stays indefinitely exposed to being sued. The specific period depends on the type of action, the applicable law and the moment the count starts. In consumer relations and in civil liability, the periods and starting points may differ, and there are legal debates about each case.
| Idea | Summary |
|---|---|
| Limitation | Loss of the possibility of enforcing a right in court after a certain time |
| Period | Varies with the nature of the action and the law |
| Start of the count | May depend on when the harm occurred or became known |
| Interruption or suspension | Some events can pause or restart the count |
This entry is informational and does not set deadlines. To know the period that applies to a specific situation, the way forward is to consult a trusted lawyer.
Why does it matter to an HOF clinic?
- Keeping documents: the patient record, the informed consent, the photos and the lot records are evidence of what happened. Keeping them for a time that covers the possible periods is a prudent measure.
- Liability: in any discussion of civil liability, the documentation supports the professional's version. See also duty to inform.
- Consumer relationship: Brazil's Consumer Protection Code is often brought up on this topic, including for reversal of the burden of proof, and that reinforces the importance of record keeping.
- Data protection: keeping data longer requires care with the LGPD (Brazil's data protection law): data security, legal basis and disposal when the period ends.
How do you get organized?
Also called: limitation, limitation period.
Frequently asked questions
Is the statute of limitations the same as the record retention period?
No. Record retention is its own obligation, defined by professional council rules and legislation. The statute of limitations is the time for someone to bring a lawsuit. Prudence says to compare the two.
How long does a patient have to file a complaint?
It depends on the type of action and the applicable law, and the start of the count may vary. That is why the question should go to a trusted lawyer, with the details of the case.