QUESTION

Is it too late to file since doctors work for a State facility?

Asked on Mar 10th, 2013 on Medical Malpractice - Nebraska
More details to this question:
I know I have a case against doctors at a large teaching hospital that's funded (at least partially I guess) by the state. I had surgery and due to complications, have a spinal cord injury from c1-c4 and posterior cord syndrome. It took 16 months for me to find out what is wrong with me (long story) so now I have limited time with the statute of limitations being 2 years. My injury took place 10/2011. I was told that if it is a doctor that falls under state something....like the state funds the hospital maybe???...that I have 1 year to file, not 2. Is that true? If so would the "Discovery Rule" be a possible way for me to still sue them? I'm waiting for all my records to arrive and then will meet with an attorney (this is what a few lawyers have told me to do) but don't want to pay for all the records if there's no point.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
The question is whether the Discovery Rule applies to the SOL against a hospital that is a public entity. Another question will be whether you had to file a Notice of Claim within a certain period of time. You need to talk to a lawyer who practices in your state. There are usually equitable arguments that can be made to overcome these problems, but the law varies from state to state.  If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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 Web: www.starrgern.com. 
Answered on Mar 12th, 2013 at 10:35 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters