First, do what you can medically to get better. If the prognosis is good, a medical malpractice claim may not be feasible. Normally temporary pain and suffering, even for several years, is not enough to make it economically feasible because malpractice cases are so expensive in expert witness costs that you really need catastrophic damages for a case to make economic sense. If it appears that the outcome will be worse than it would have been had a timely diagnosis been made, then you should find a medical malpractice attorney to look at your case. You will still need a medical opinion that the misdiagnosis was a result of negligence. Also, you want a quick opinion as to whether the prognosis is different based on the late diagnosis. I would hope the statute of limitations would not start to run until you discovered the misdiagnosis. However, the other side will argue that you should have realized earlier that there was a misdiagnosis, and argue that the statute of limitations (time in which you have to file a suit) began running in 2010. You have 3 years to file a suit, 2 years if the suit is against a government entity (which is the case with many hospitals a and doctors whose practice comes under the "umbrella" of a hospital.
Answered on Aug 27th, 2013 at 9:31 AM