QUESTION
I had a surgey on my foot November 2009, and my foot is in worse shape now than befor I had the surgery.
Asked on Jul 07th, 2011 on Medical Malpractice - Oregon
More details to this question:
I had a doctor covince me that if I had a surgery on my foot that they could make my toes stop curling. But instead of working on my toes they put a metal bar in the back of my foot. And now I can't walk barefoot at all. And then a couple month's ago the podiatrist cut the tendon's in the toes, and now my toes curl up even worse. And now because of what has been done to my toes, I was told by someone that I will probably need to have the toes on my right foot cut off. That and my toes constantly hurt now. I have a severe brain injury so I have a hard time explainin thing's on the computer.
1 ANSWER
Ethics & Professional Responsibility Attorney serving Salem, OR
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There are many issues to look at when considering a medical malpractice claim. The statute of limitations (the time within which you must act or forfeit your claim) is two years from the date the injury was discovered or reasonably should have been discovered. (ORS 12.110(4). As two years have passed since the November 2009 surgery, you look to when the negligence was discovered then the clock runs from that point. Under no circumstances shall the limitations exceed five years. This is called the Statute of Ultimate Repose. (ORS 12.110(4)). It sounds as though there may be continuing negligence as recently as May, 2011, just a couple of months before your post. You may contact www.lawyers.com for a referral or call the Oregon State Bar Referral Service at (503) 684-3763 for a referral. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Dec 26th, 2011 at 12:23 PM