QUESTION
Do I have a case? If so, has the statute of limitations run out?
Asked on Jun 14th, 2013 on Personal Injury - Michigan
More details to this question:
In August 2010, I had a hysterectomy. 3 months after the surgery I started bleeding. The doctor did test after test for a year. After being told several reasons for the bleeding, he determined that it was endemetreosis in the vagina wall. I still suffer with a lot of pain, and bleed during sex which is painful and embarrassing. I have been affected emotionally and physical since I was a newlywed.
13 ANSWERS
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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Whether you have a case or not depends on whether your doctor's actions breached the standard of care.
Answered on Jun 17th, 2013 at 10:34 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Medical question not a legal question ask you doctor to review your entire chart.
Answered on Jun 17th, 2013 at 10:34 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The statute of limitation for medical malpractice is one year. But it runs from date of discovery. You might be able to claim that the time ran from his last test. You have to serve a letter of your intention to sue. It?s known as a 364 letter. This can extend your time to file by 90 days. You should connect with an attorney that does this for assistance as it is complex area of law.
Answered on Jun 17th, 2013 at 10:33 PM
Ronald A. Steinberg
Under Michigan law, a malpractice suit must be filed within 2 years of the date on which the malpractice occurred, or within 6 months of when it was, or should have been discovered. So, it is probably too late. Now, from a practical consideration, the muscular lining of the uterus is called the endometrium. If it becomes inflamed, it is known as endometriosis. As you know, mother nature can sometimes be a bit nasty, especially to women, what with all of the hormones waxing and waning over the course of each month. So the medical profession has limited methods for treating it. The most extreme being the removal of the uterus. Since my background was only in biology, rather than human physiology and anatomy, I do not know why you would (or could) have endometriosis in the vaginal area. I think that a pelvic exam, using a speculum to spread the wall to allow direct visualization, would probably disclose if there was a problem in the musculature of the vagina, but I am just guessing. What I am trying to say is that independent of the Statute of Limitations issue, you would have to find a competent OB/GYN who would testify that the first doctor either did something wrong, or failed to do something right.
Answered on Jun 17th, 2013 at 10:33 PM
You have one year from the date of the malpractice or when a reasonable person would have found out about the malpractice. See some medical malpractice attorneys as to whether you have a case.
Answered on Jun 17th, 2013 at 11:09 AM
I suggest that you file a lawsuit before the 3-year anniversary, if you are going to do it. You need a good personal injury lawyer and gynecologist to advise you on whether your surgeon was negligent.
Answered on Jun 17th, 2013 at 11:09 AM
James Eugene Hasser
It's 2 years in Alabama.
Answered on Jun 17th, 2013 at 11:09 AM
1 Award
The statute of limitations for medical negligence is three years from the date of the injury, so you have a couple months to look into a potential claim. It is hard to prove a medical malpractice case, so your chances of prevailing are probably slim, just based on the statistics for medical malpractice cases. If you decide to look into your potential claim, you should do so right away, since it takes awhile to investigate a potential malpractice case.
Answered on Jun 17th, 2013 at 9:56 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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The first issue is whether or not there was negligence. If the doctor missed the diagnose and should have been able to discover this earlier you meet the first element. The next is whether earlier diagnose would have led to some other treatment options. This is the difficult part and will likely be defended. The third is damages and it appears that the pain and suffering aspect will be limited by Ohio's cap or limit on non-economic damages. All in all, tough case but you might want to discuss this with an attorney and have him review your history and the medical records. If you just discovered the injury less than 1 year ago and/or are still treating with the doctor you do not have a statute of limitations issue yet but you should act promptly as there is a statute of repose which is 4 years from the date of the injury no matter what. Hope this helps.
Answered on Jun 17th, 2013 at 9:56 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally the statute of limitations on a medical malpractice case is 2 years in Michigan. There can be some exceptions, which don't seem to apply based on your limited facts, but it is always best to call or meet with a local Michigan attorney that regularly handles medical malpractice cases to sort out your rights.
Answered on Jun 17th, 2013 at 9:56 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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As to whether you have a case, the real question is whether your doctor's failure to diagnose the endometriosis was due to a failure to adhere to accepted practices, and whether that failure significantly affected the progress of the condition or your probabilities of recovery. More specifically, "he did test after test for a year" was he doing the correct tests? Should he have known that he was not performing the correct tests? How much worse off are you as a result? In order to answer these questions, you will need to get copies of all of your medical records and have another doctor in the same field (gynecology probably) review them. If the reviewing doctor says that your treating physician failed to conform to accepted practice and that you are significantly worse off as a result, then you have a case. As for the statute of limitations, in New York the limit is 30 months from the last date of treatment for that condition.
Answered on Jun 17th, 2013 at 9:56 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only another similar doctor can tell you if the first doctor deviated from the standard of care. The statute of limitations is two years from the date you discovered the malpractice, so you need to think about when the light bulb went off in your head that the doctor did something wrong. Also, be aware that you cannot bring a claim more than 4 years from the date of the malpractice, regardless of when you discovered the malpractice.
Answered on Jun 17th, 2013 at 9:55 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You might still have a claim bit you have to act immediately. The devil is in the details.
Answered on Jun 17th, 2013 at 9:55 AM