QUESTION

Do you take cases dating back 30 years? I woke up during surgery. Can that be proven?

Asked on Jan 25th, 2012 on Medical Malpractice - Illinois
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1 ANSWER

All lawsuits have a statute of limitations.  Most do not allow a suit to be filed if it is more than 7 years old. If you knew about the incident 30 years ago when it happened, your statute of limitations would be even shorter.  Each state has different laws regarding this.  In order to prove you woke up during a surgery it would have to state such in your medical records.  Finally, you would need to have some sort of damages and injury to file a malpractice case.  While waking up during a surgery is not supposed to happen and is frightening, unless it caused you serious physical harm or injury which resulted in monetary damages, it is likely that you do not have a medical malpractice case.  However, all state laws differ so its best to check with a local attorney. 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 Jan 25th, 2012 at 1:46 PM

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