Can I sue a doctor 5 years after for a child who is now 10 and half ? What is the statue of limitations ?

5 years ago my son was brought to his doctor a few times for the same reason , his issue went undiagnosed. I brought him in on a Friday and by the weekend he blew a oral temp of 105.8 , so rectally he must have been very near 107 . He wound up with what the nurse in the hospital called a massive pus pocket near/in his brain . It was a sinus infection that went horribly wrong. Infection went into his bloodstream ,his white cell count was crazy high at about 40,000 . Technically had a sepsis type (not really sure as it was not clearly defined)He now has issues , learning disabilities, memory issues ,fine motor skill issues,emotional, and a sensory hearing loss in moderate range and just got a hearing aid this past month . I believe that this illness caused a lot of damage to my son .

Pawling, NY -

Attorney Answers (4)

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Medical Malpractice Attorney - White Plains, NY
Answered

Under New York law, a minor has up to 10 years to sue for a medical malpractice. So, the statute will run out when your son turns 15. There is at least one very good lawyer in your county who handles medical malpractice cases. You should make a call immediately. These cases require thorough investigation, and should not be left until the time is about to run.

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Marco Caviglia

Marco Caviglia

Personal Injury Lawyer - Poughkeepsie, NY
Answered

Your lawsuit would appear to be timely based upon what you stated. If you wish, give me a call at 845 471-0044 to discuss, as we are in the same county.

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Joseph Gerard Dell

Joseph Gerard Dell

Personal Injury Lawyer - Garden City, NY
Answered

You have ten years for a minor or two and a half years from his eighteenth birthday whichever time frame is shorter.

David B Pittman

David B Pittman

Personal Injury Lawyer - Fort Myers, FL
Answered

Consult a medical malpractice lawyer in your area as soon a possible. The statute of limitations is different for minors but I would seek help as soon as you can. I am so sorry to hear about this situation. Best of luck to you.

Related Topics

Medical malpractice and personal injury

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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