More details to this question:
Wife was misdiagnosed for infertility about 7 years ago. She was prescribed an expensive treatment and required surrogate to birth child. This was a prior marriage. Recently she was impregnated without any medical treatment and conceived our son on 11/03/2011. Is there an recourse to reclaim the cost of the treatment for 1st child.
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Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Theoretically if you can prove those allegations you would have a cause of action for medical malpracticce. Arguable the statute of limitations could be tolled because you were not aware of the malpractice until she conceived. I think the question will be whether the case is financially viable. See the links below that discuss the economics of a medical malpractice case.
If you think you have a financially viable case, 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 Feb 22nd, 2013 at 10:56 AM