QUESTION

What is the statute of limitations in MN for a 27 year old with a brain injury due to birth complication, when the diagnosis and cause was just found?

Asked on Aug 13th, 2012 on Medical Malpractice - Minnesota
More details to this question:
The 27 year old was diagnosed with a generic "learning disability" as a child, and it is now affecting his employment and ability to learn/retain work skills. His family convinced him to seek out medical help and was just diagnosed with a birth related brain injury. We have learned that when he was born, his amniotic sac ruptured, and the hospital did not have his blood type on hand. The time period for the blood to arrive from a different hospital resulted in a lack of oxygen that caused the brain injury. He now has 1% of memory functioning is some portions of his brain. This diagnosis and medical nexus was all discovered within the last 3 months. Wondering is some sort of discovery period would extend a statute of limitations in this case.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The law pertaining to the statute of limitations varies from state to state. Generally speaking, however, most states have an exception to the SOL that tolls the period of limitations to accommodate circumstances in which a reasonable person would not have known that they were the victim of negligence. It is a very fact sensitive inquiry, but it sounds like you might have an argument to make.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 Aug 13th, 2012 at 10:26 AM

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