Can you still sue a doctor that happened in October 2009 for a knee surgery that was done?

Asked almost 2 years ago - Three Rivers, MI

My husband had knee surgery.It has not been right ever since.He just had a knee replacement in December of last year.2013.The area that was worked on from the doctor before it still is not right....

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . There is a discovery rule exception to the statute of limitations, thus, it rests on when it was discovered, and you would want to call a local med mal lawyer to discuss the timeline.

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  2. George Costas Andriotis

    Contributor Level 20

    3

    Lawyers agree

    Answered . The Statute of Limitation in Michigan is two years from incident or 6 months after discovering the malpractice. It sounds like the knee hasn't been right since 09 so my initial thought is no but I would consult an attorney with all the facts.

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  3. Benjamin Joseph Sansone

    Contributor Level 10

    3

    Lawyers agree

    Answered . knowing how complicated medical malpractice cases are, I would get all the medical records and take them to attorney for a full review. There maybe exceptions to toll the statute of limitations

  4. David S. Mittleman

    Pro

    Contributor Level 3

    Answered . If the malpractice took place in Michigan, you generally have two years from the date of the wrongdoing to commence a claim. There are a few narrow exceptions to this rule. For example, if there is no way you could have known you had a potential claim or if the doctor intentionally concealed important information from you. If your husband had a legal disability - in other words, unable to understand for himself that he could have a potential claim - you might have more time to pursue a claim. As you can see, Michigan medical malpractice law is very complicated and I would encourage you to speak to an attorney about this issue.

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