Can I take legal action against hospital that give me hep C from blood transfusion

malpractice: I got Hep C in 1991 from St. Joe's hospital in Tampa from a blood tranfustion. Do I have any legal rights concerning this? - Is this your question? Add additional information
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Answers (2)

A. Devesh Tiwary

A. Devesh Tiwary Avvo Pro

Contributor Level 4
Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)
Date of neg 1991
Date suspected: ???
You are probably too late to file a claim (usually 2 years from neg date or 4 years if you couldn't have known about the negligence earlier).

Category: infection.
Condition for which you were treated: ???
Germ: Hep C virus
Negligence:???
Damages:???
Hep C was called Non A Non B Hepatitis until 1989. The "good" test for Hep C came into common use in 1992.

As my website says: "It is usually hard to prove that an infection was caused by malpractice."

Devesh Tiwary, MD JD
www.TiMedLaw.com
Only medical malpractice, Only in Florida, Only on behalf of patients.
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Elizabeth Taylor Herd

Elizabeth Taylor Herd

Contributor Level 7
Generally in Florida the statutory limitation is two years from the time that you knew or should have known that an act of malpractice had occurred, but in no case more than four years from the date of the act of malpractice. You have not shared a lot of information, but it certainly appears that you are barred by what we call the statute of repose, the four year period.

Betsey Herd
Tampa, Florida
Morgenstern & Herd
813-597-3000
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