QUESTION
The statue for medical malpractice, is there a loophole that I am still able to file a lawsuit?
Asked on Feb 06th, 2014 on Medical Malpractice - Missouri
More details to this question:
Back in 2006, I was 15 when I had my MVA. I was in the hospital for a month. I had rods put in both femur bones, both a different size. During a follow up visit to the surgeon my mother had asked the reason to this, and he stated "it's what we had". During the stay in the hospital, when I was transferred from recovery to rehab, I was taken off of fetynol, from a high dosage to nothing. No one in my family was informed, and when I started hallucinations my family was scared thinking I had brain damage. No nurses could explain what was going on, and after reviewing medical records several days after, they discovered they taken me off of this medication cold turkey, and weening me off of it, causing the problems that concerned my family. Since the accident I have seen a chiropractor whom reviewed my x-rays from the surgery and recent ones she has taken. The rods being a different size has thrown my hips out of place and are causing the pain I experience in my hips and knees.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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In most states, there is a common law exception to the statute of limitations in medical malpractice cases in which a plainitff only discovered a doctor was negligent well after the statute of limitations. This is known as the "discovery rule." At face value, it sounds like you may be able to overcome a SOL defense, but to know for sure an attorney will have to look at the medical records.
If you want to investigate a 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.
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. 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. Click here to review articles that I have published.
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 Click here for my website.
Answered on Feb 06th, 2014 at 7:34 PM