QUESTION
Has My Statue Of Limitations Ran Out For A Medical Malpractice Lawsuit In Kentucky?
Asked on May 13th, 2013 on Medical Malpractice - Kentucky
More details to this question:
I broke my finger in Nov. 2011. The first surgeon who did my surgery disregarded my initial complaints of pain and disfigurement after the placement of hardware. I continued to have problems and did not find out till Oct of 2012 by a new surgeon that it may be a possibility that my finger may have to be amputated. March 14, despite all of the 2nd surgeons attempts to save my finger - it had to be amputated do to severe osteomyelitis and infection in my bone and bone marrow. But the fact remains that I did not know until Feb 2013 that i would actually have to have my finger amputated do to the first doctors disregard of the complaints I continued to have.
1 ANSWER
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John J. Ratkowitz
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Although the statute of limitations acts as a bar to a case within a certain timeline, in most states there are equitable exceptions that apply as a result of statutory law or case law. One of the more common equitable exceptions is the discovery rule, which holds that the statute of limitations begins running when you knew, or should have known, that a mistake was made.
Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.
If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website.
Answered on May 13th, 2013 at 9:34 PM