The statute of limitations varies state by state. I practice in New Jersey, and here it is two years from the date you knew, or should have known, that the doctor was negligent. Nevertheless, there are circumstances when the statute of limitations may be extended, or tolled. Sometimes, when a doctor misleads you by indicating that you will get better, that tolls the statute of limitations.
The bottom line is that you should consult a local medical malpractice attorney immediately to ascertain whether you have a viable medical malpractice case and get counsel from him regarding what you should do to protect your interests.
Answered on Mar 02nd, 2012 at 4:38 PM