QUESTION
What are the statute of limitations for medical malpractice/ negligence?
Asked on Sep 25th, 2015 on Medical Malpractice - North Carolina
More details to this question:
December 1, 2011 I had a foot of my colon removed due to diverticulitis. in the pre surgical interview I circled that I could be pregnant. During the interview I mentioned that I have PCOS and it wasn't unusual for me to miss a period ( I did only by a few days before surgery). A pregnancy test was not conducted and I found out later that I was 6 weeks pregnant during the major surgery conducted on my lower abdomen. After surgery I had a morphine pump, several antibiotics, and tylox. Thank the Lord my daughter survived, but I almost lost her. My husband and I were beside ourselves with worry for the rest of our pregnancy. My daughter was born via c-section 7/16/2012. I am now taking a college course on health care ethics, and realize that I should have sued for negligence, and mental anguish. Is it still a possibility?
1 ANSWER
It sounds like a miracle your daughter survived. Unfortunately, the statute of limitations on any claims that you or your husband might make has likely expired. The statute of limitations for medical malpractice claims is generally three years from the doctor's last act of negligence. Here is sounds like the doctor's negligence was in failing to determine that you were pregnant prior to taking you to surgery. However, if your daughter sustained any injury as a result of the doctor's negligence, her claim would still be open. The statute of limitations for a child's claim is much longer than an adults.
Answered on Sep 28th, 2015 at 12:31 PM