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Can I file a malpractice claim against a hospital three years after the fact?

Golden Valley, AZ |

My infant and I were injured while walking out of a department store. The department store refused to call 911. After my husband took us over to the hospital, my son went unconscious in the lobby and they rushed him back to be seen. After assessing me, they wheeled me back to a room and said there were no available doctors and I had to see a nurse practitioner. I explained the pain level. After a set of x-rays, the nurse said it was just pulled muscles and she sent me home with crutches and no pain meds. I still have sever pain in my hip. This year, following a kidney stone, a doctor at a different hospital preformed a cat-scan and found the hip is still broken. In her opinion, the nurse should have done more imaging to rule out a broken hip. Do I have a case against the original Hospital?

Attorney Answers 4

Posted

Medical Malpractice cases are highly complex and different in each state. Get copies of all medical records and bring them to a local personal injury attorney who handles medical malpractice specifically. Many States have Statutes of Limitations of 3 years for malpractice, however; many states also have exceptions to the rule such as the Discovery Rule. The Discovery Rules permits you to file a lawsuit 1 year after you became aware of the malpractice. Then, even if you did not run out of time, another medical expert would have to agree that malpractice occurred.

Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Matthew C Simon

Matthew C Simon

Posted

You also may have a lawsuit against the department store and the injuries may all be causally related. Seek a local attorney ASAP.

Posted

Two year statute of limitations in your state with exceptions such as the discovery rule and minors.

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Posted

I think there is a 2 year discovery provision in Arizona for med mal cases, so you need to contact a local medical malpractice attorney ASAP.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

To bring a medical malpractice claim in Arizona, you first have to get a preliminary expert opinion that the standard of care was breached. You should consult with a lawyer in Arizona who has experience with these types of cases. They are very specialized and can be quite difficult.

NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.

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