The general rule is that the statute of limitations is one year for an intentional act, unless there is a minor involved, in which case it extends to one year after attaining the age of majority. What you are trying to do is to invoke the "date of discovery" concept, that you did not know you had this issue, etc. until recently, and that this should "toll" the statute, in other words, that the one year should not start to run until you realized what happened to you. Without doing some research, I don't have a definitive answer, but my gut feeling is that it would not be accepted by the courts in your situation.
Answered on Sep 18th, 2014 at 9:08 AM