QUESTION
Could I sue for personal injury after a misdiagnosis?
Asked on Sep 08th, 2015 on Personal Injury - Alabama
More details to this question:
When I was 14 I had what was I thought pink eye. My doctor told me it was nothing to worry about and gave me some eye drops. We came back to her a week later telling her it wasn't getting any better and I was having trouble seeing out of it. She again said it was nothing to worry about and to continue the eye drops. After a couple more day's she finally admitted to not having a clue what it was. So, we went to the hospital. Turns out it was shingles and I eventually went blind being told that if I had come in two days before I would still have my sight. They did 2 surgeries on it and later when I 17 they removed it completely. And as a result of all the steroids I had to be on I developed adrenal insufficiency. I'm 22 now and I believe the statue has run out but I was wondering if there is anything I could do? My parents didn't sue at the time because I was told that those surgeries would possibly bring my sight back. But now that I also have adrenal problems I'm mad, as if losing an eye wasn't enough. So I would really like some help.
7 ANSWERS
Edwin K. Niles
2 year statute of limitations starts to run at age 18. There may be an exception if there was a recent discovery. See an injury lawyer.
Answered on Sep 09th, 2015 at 10:49 PM
I am afraid that you are correct that your claim is barred by the Statute of Limitations. The Statute started when you turned 18. Go and speak to some attorneys who handle medical malpractice cases to confirm that nothing can be done. They will not charge you for an initial consultation.
Answered on Sep 09th, 2015 at 11:57 AM
Ronald A. Steinberg
You would have had a case if you had not waited so long. There is a Statute of Limitations. In Michigan, you have 2 years from the date of the malpractice. The only way to extend the period is if you had no clue that there was a screw up and you discovered it after the 2 year period, you might have an additional 6 months within which to make your claim. You knew there was a problem a long time ago. It is sad that you waited.
Answered on Sep 08th, 2015 at 8:41 PM
This is not a personal injury question. Consult a Medical Malpractice attorney.
Answered on Sep 08th, 2015 at 8:39 PM
Thomas Edward Gates
Sorry, there is nothing you can do at this time.
Answered on Sep 08th, 2015 at 8:34 PM
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In Wisconsin the statute of limitation runs out three years from the time of the negligent act, or from the time a reasonable person should have known of the negligent act, which is usually later. However there is a maximum limit of 5 years from the date of the event. Since you were a minor at the time, it is possible that the limitations period is extended for one year after you reach the age of majorityi.e. until you were 19. There are some unusual and technical reasons for stopping the clock that conceivably could apply such as the defendant being out of the state. I urge you to consult an experienced personal injury lawyer VERY SOON to see if he or she can think of a way around the statute. Good Luck
Answered on Sep 08th, 2015 at 5:24 PM
James Eugene Hasser
I'm thinking you're probably too late too, but it doesn't hurt to consult a lawyer. Look for one that does medical malpractice cases. Good luck.
Answered on Sep 08th, 2015 at 5:18 PM