Can you file malpractice after statute of limitations if the surgeon admits he fouled up after the statute of limitations is up?

Asked over 1 year ago - Heppner, OR

This is for failed back surgery with harrington rods that have fractured. After the statute of limitation had passed, surgeon wrote documentation in medical journal that says to the effct.."we now know that many of the prior surgeries for scoliosis are un necassary" many of those recieving complete spinal fusion as mine, have ended up severly disabled. The written practical use of these rods were originally explained as fusion for as many as 6 bvertabret, not total fusion as explained in the patent for these rods. I have pages of documentation collected over the past few years.

Additional information

I have completed much research and compiled a ledger of information concerning the failure rate of these surgeries and documented medical facts regarding the human experimentations. Surgeries that should have never been, and human subject research that had no follow up, which should have contributed to the success rate curve in the feild. Research suggests that surgeons did not offer adolescent idiopathic scoliosis treatment with rods as an option, but rather as the only option to save the life of the scoliosis patient. It is now common knowlege in the field that scoliosis surgery is not the best option and mostly causes debilitating results. Please take this case.

Attorney answers (6)

  1. Thomas D. Boley

    Contributor Level 14

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    Lawyers agree

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    Answered . There is an alternative theory that can start the statute of limitations tolling significantly after the harm in limited instances when actual or constructive knowledge the harm did not occur until later. Therefore, if you could not have known of the harm until a later date, the statute would not start tolling until then. This is a very limited exception and you would need a detailed legal opinion. See a lawyer.

  2. Kenneth Lee LaBore

    Pro

    Contributor Level 15

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    Answered . This is a complicated question and I am not sure that you could get any sort of an accurate answer unless you have an attorney sit down and go through your medical history and then review the records. Based on the information provided I believe that it would be worth your time to research the issue further. Since timing is at issue I would consult with an attorney as soon as possible.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  3. Olga V. Blotnis

    Contributor Level 13

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    Answered . You might still have a claim! In some instances (and some states), statute of limitations begins to run after it is discovered that there was an injury, not from the date of the act. Consult a local personal injury attorney immediately. Usually, the first consultation is free, so you have nothing to lose.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take... more
  4. David B Pittman

    Pro

    Contributor Level 20

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    Answered . As soon as possible bring all of your documentation to an experienced medical malpractice attorney to see if you can still make a claim.

  5. Marc Edward Stewart

    Contributor Level 16

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    Lawyers agree

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    Answered . Some states have a law that provides a limited exception to the statute of limitations for fraud. In a medical malpractice scenario, if a doctor purposefully covers up a negligent act, it can sometimes be possible to argue that he/she fraudulently concealed it. I have no idea whether Oregon law has this exception to the limitations period or whether it would factually apply to your case. See a local med mal attorney for the best advice.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Discovery rule. Contact one of the above lawyers in your state to discuss.

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