QUESTION
can i still sue this happened in 2008?
Asked on Jul 12th, 2012 on Medical Malpractice - Wisconsin
More details to this question:
in 2008 i went to the hospital cause i was having contractions every couple of minutes and when i went to the emergency room cause it was late they didn''t even put the bracelet there supposed to put on on me and they said i wasn''t in labor n that they were going to send me home at which time they said they were going to give me a pill so that i could sleep but then they were saying they were having problems getting the pill from the machine which is when we went to another hospital where they let me sleep awhile and then they woke me up and said i was going to have a c-section because my baby was in distress. so i was wondering if i could sill sue them (the first hospital i went to) cause alot of people keep saying i can and that i should cause they werent doing their job.
1 ANSWER
You have probably waited too long. You are likely bound by a three year statute of limitations which essentially means that you have to file a lawsuit within three years of the incident/harm or you are barred from doing so. It has been over three years. Also, based on the information you provided above, I am not sure you would have a sufficient malpractice case to begin with. It does not seem like you were harmed by the lack of them "doing their job" or that there was a breach in the standard of care. These cases have a very high standard and there must be a blatant breach in the standard of care in order to even proceed with a potential case. There may be, but I cannot provide you any further information based on the limited information you provided. I think you are barred by the statute of limitations but if you are still interested in pursuing this you should contact local medical malpractice attorneys in your area and they will be able to more precisely inform you of your state's statute of limitations and other requirements. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Jul 12th, 2012 at 9:59 AM