QUESTION
What is the statute of limitations for med. malpractice? I
Asked on Jun 08th, 2012 on Medical Malpractice - Texas
More details to this question:
I had a series of 5 surgeries for a simple hernia in 2006. After the first surgery, my wound became infected. The Dr. opened the incision back up and debrid the wound. A second time it became infected he opened it back up again to remove the hernia patch, in doing so he knicked the bowel apparently unknowingly. I became life threateningly ill after returning home and was rushed back to hospital. After emergency surgery to repair bowel, I was in the hospital for a month to recover. He went back in to suture the hernia again after. He then told me that it would be best to leave the wound open and for it to heal itself. This was a 9 inch long, 6 inch wide wound so deep it took 4 rolls of Kurlex gauze to pack every day! It is now 2012 and the wound still is not closed (5 inch long now, 3 inch wide), the hernia is still there and bigger than before and has caused several new medical issues. Doctor told me in 2007 he could not treat me anymore. Insurance has dropped me.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Statutes of limitations vary from state to state. I do not know what the statute of limitations for a medical malpractice is for Texas. In New Jersey, it is two years from the date that you knew or should have known the physician committed malpractice. This is a fact sensitive inquiry and often an attorney can only determine whether you can overcome a statute of limitations problem by looking at the relevant medical records.
You may or may not have a viable malpractice case. Some surgical mishaps are deemed to be "accepted complications" of the surgical procedure. I have investigated hernia surgery cases involving surgical mishaps and reached that conclusion. An attorney will need to evaluate your medical records to ascertain whether your complications were the result of negligence.
Also, there have been recalls and products liability cases filed against some manufacturers of hernia meshes. A local malpractice attorney will be able to advise you whether you have a products liability claim. The statute of limitations on these cases are usually longer than in medical malpractice cases.
Medical malpractice and products liability cases are usually taken on a contingency basis, and consultations are free.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
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 Jun 08th, 2012 at 2:01 PM