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

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. 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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  2. 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


  3. 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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  4. 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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