QUESTION
What is the limitation a statute of limitations on medical malpractice?
Asked on Feb 02nd, 2014 on Personal Injury - Idaho
More details to this question:
I had a major surgical procedure 13 yrs ago that was done incorrectly by the surgeon, which resulted in my having to have the surgery redone by a different physician. But before I even knew anything was amiss with the surgery I became extremely ill, developed severe stomach issues and went from 165lbs to 98lbs in a year even though I ate all the time. I was put on painkillers for my stomach for a year and developed an addiction to them. I ended up having to quit my job of eleven years because I was too fatigued to work. I had 3 young boys, twins infants, that were neglected due to my condition. It has had long lasting effects on my life mentally, physically, and financially. I was led to believe this physician was the best in his field and that people came from all over the US to have surgeries performed by him, only to discover that he treated his patients like an assembly line. I thought of suing him after my second surgery, but to be honest I was in no shape physically or mentally to even consider undertaking such an enormous task. I didn't really find my footing or begin to get my life back until about 3 years ago. So, is it possible to still sue this physician for medical malpractice even though it's been several years?
9 ANSWERS
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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No your claim appears to be barred by statute of limitations in California that gives you at best one year from actual or constructive discovery of the malpractice.
Answered on Feb 28th, 2014 at 11:07 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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In New York, the statute of limitations for a medical malpractice claim is 30 months. The time is counted from the date of the malpractice, or from the date when it was discovered (or should have reasonably been discovered). In rare cases, it might be possible to successfully argue that the patient was mentally unable to assert the claim, and the statute of limitations should be counted from the date when the patient regained competence to assert his/her legal rights. 13 years does not sound promising. More likely than not, your claim cannot be brought. If you wish to be sure, get a consultation with an attorney.
Answered on Feb 21st, 2014 at 4:36 AM
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Feb 21st, 2014 at 4:35 AM
Thomas Edward Gates
You generally have 3 years from the date of the injury or discovery of an injury.
Answered on Feb 18th, 2014 at 5:21 PM
1 Award
The statute of limitations in Wisconsin for medical malpractice is three years. You are ten years too late.
Answered on Feb 18th, 2014 at 5:20 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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1 year
Answered on Feb 18th, 2014 at 5:20 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It is too late. While the statute of limitations is two years from the date you discover the malpractice, there is a little-known statute of repose that says you cannot sue a health care provider more than four years from the negligence.....which passed a long time ago.
Answered on Feb 18th, 2014 at 5:20 PM
James Eugene Hasser
In Alabama, you have 2 years from the date of malpractice to sue. I think you are too late, but to be sure, you may want to consult a medical malpractice lawyer. Good luck.
Answered on Feb 18th, 2014 at 5:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, the statute of limitations is 2 years.
Answered on Feb 18th, 2014 at 5:19 PM