QUESTION

Do I have a case

Asked on Mar 12th, 2014 on Medical Malpractice - Pennsylvania
More details to this question:
I had surgery 3 1\2 years ago i have scoliosis and I had to have surgery to try and fix my spine the doctor had to in the middle of the surgery because he hit a nerve and my whole left side shut down I had to go to rehab for 2months. My mom spoke to a lawyer back in 2010 when I had the surgery and he told my mom I had a medical malpractice lawsuits because the doctor told my family he did not know why my body shut down but in the record he put that he hit a nerve that is why my left side shut down. I talked to some lady who is going to school to be a lawyer she told me I can still sue the hospital is that possible. I tried talking to lawyers but none of them could help me they all just kept saying I have a medical malpractice case
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1 ANSWER

The statute of limitations in  a medical malpractice claim is typically 2 years from the date of the negligent act. Although this statute can be extended by application of what is called the "discovery rule", it frankly does not seem that that rule applies in your situation, although I would encourage you to speak with a lawyer and give him or her all of  the facts. If you were a minor at the time of the surgery, the statute of limitations would expire two years after your 18th birthday (on your 20th birthday).
Answered on Mar 16th, 2014 at 7:39 PM

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