How long do you have to bring a malpractice lawsuit against a dr

Asked over 4 years ago - Aitkin, MN

I had a plate and 4 screws in my neck in oct 2006. In Jan 2007 I took a nasty fall went back to the dr he told everything was fine and don't come back. For the next 4 years I have seen dr after dr just always to be told nothing was wrong Jan 2009 I had an MRI done still told to learn to live with the pain I went in to have knee surgery done they did an EXray of my neck sent me to a spice dr because they found screws broke loose I had to have major neck surgery on sept 10 2010 There was alot of damage from the plate and screws being loose and doing damage so can I go after all of the dr. Who tol me to just learn to live with the pain

Attorney answers (2)

  1. Answered . Time limits are generally governed by laws called "statutes of limitations." Each state specifies a different statute of limitations for different kinds of claims. In some states, claims for medical negligence must be brought within a year of the injury.

    Additionally, different circumstances cause the time period to begin running sooner or later than in other types of cases. As a general rule, these issues can be factually complex and legally complicated, and it is in your best interest to proceed without delay.

    Because of your specific circumstances, you should contact a Minnesota lawyer directly and speak with him or her about your case. That is the only way you can know for sure if you still have time to file a claim to protect your rights. Most medical malpractice attorneys offer free consultations, and can discuss your options with you. My advice is to find someone you feel comfortable with and contact them directly. Good luck!

  2. Answered . If strictly medical malpractice and not combined with wrongful death than 2 year under Missouri law. If wrongful death resulting from medical malpractice then 3 years in Missouri. However, statute of limitations is more complicated than that simple answer, there are issues that "toll" the statute of limitations, such as continuing care exception, if the plaintiff was a minor at the time of the negligent act - see:

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