QUESTION
Can I still sue the hospital for malpractice after 3 years?
Asked on Dec 28th, 2013 on Personal Injury - Ohio
More details to this question:
I called the ambulance because I was having a miscarriage. I was 4 moths pregnant at that time. The ambulance people dropped me to the ground before going to the hospital. After I went to the hospital I stayed there for more than an hour before a doctor saw me. At the end, I ended having a miscarriage. I was so destroyed from the episode, that I became depressed, but I never sued the hospital. The incident happened in August 2010. I would like to know, is it too late to sue the hospital for malpractice?
9 ANSWERS
Ronald A. Steinberg
First, miscarriages are common during the first trimester of pregnancy. Therefor, the fact that you had a miscarriage does not mean that anybody did anything wrong. Second, most EMS people (at least in Michigan) are protected by the doctrine of governmental immunity, so you can't sue. Third, under Michigan law, you can only sue within 2 years of the date on which malpractice occurred in such a case as what you are claiming.
Answered on Jan 02nd, 2014 at 3:19 PM
Yes, it is too late. I am sorry for the loss you suffered and the severe emotional reaction that you had. But it sounds like it would be very difficult to prove that the negligence of the ambulance people and perhaps of the hospital caused or worsen the miscarriage. You may have had a case that no attorney would be willing to handle.
Answered on Dec 31st, 2013 at 4:09 AM
Edwin K. Niles
You don't say in what way the hospital was negligent. Med mal cases are very difficult, and you must be able to prove by the testimony of an independent doctor that there was negligence. Get a free conference with a malpractice lawyer.
Answered on Dec 31st, 2013 at 4:09 AM
James Eugene Hasser
In Alabama, you're too late. You had 2 years.
Answered on Dec 31st, 2013 at 4:09 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Generally in Louisiana one has one year from the date she knew or should have known malpractice was committed to file with the Louisiana Patient's Compensation Fund, but she must file no more than three years from the actual date of the alleged malpractice. Therefore, based on your facts, it appears you may have waited too long.
Answered on Dec 30th, 2013 at 11:51 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Statute is 3 years. you are too late. Might you feel better if I tell you that you told me you were "having a miscarriage". If you were then waiting for an hour would likely have made no difference. When a fetus is not healthy the body heals itself so to speak by rejecting that which is imperfect ( I lost my first child for this reason )There was probably nothing to be done to change the circumstances. You want someone to blame but that may not be the case at all.
Answered on Dec 30th, 2013 at 11:51 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY, the statute of limitations is 30 months.
Answered on Dec 30th, 2013 at 11:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First of fall, in Idaho there is a two-year statute of limitations. Other states have longer periods so it depends where the incident occurred. Second, you were having a miscarriage and you would have to prove that the hospital could have stopped the miscarriage but for the dropping and the late visit. My guess is that if you talk with a obstetrician, you will find out that there was nothing the hospital could have done. Regardless, talk with a local medical malpractice attorney and see what he or she says.
Answered on Dec 30th, 2013 at 11:46 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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It is too late. The statute of limitations in Ohio for medical negligence is 1 year from the act of negligence.
Answered on Dec 30th, 2013 at 11:45 PM