I just found out that my tubes were not tide they were burned and my consent form is missing out of my records.

My medical notes also had in there notes from the nurse I had 11 years ago requesting for my tubes to be only tide is not there as well, can I still go after this doctor? Because I am now married and my husband does not have any kids and we wish to have a child and now we cannot. What can I do about this? Can anyone please give some advise about this!

Okeechobee, FL -

Attorney Answers (3)

John Michael Phillips

John Michael Phillips

Personal Injury Lawyer - Jacksonville, FL
Answered

This does not sound like a viable case at this point to me.

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David Bradley Dohner

David Bradley Dohner

Medical Malpractice Attorney - Hallandale Beach, FL
Answered

Now that I have seen this version of your question, the damages of which you are complaining are those which I had expected, and I am very sorry to say that my previous answer stands. Florida's medical malpractice statute mandates that an action for medical malpractice must be initiated "two years from the date on which the party complaining that he or she was injured as a consequence of medical negligence discovered that he or she was injured as a consequence thereof or two years from the time that a reasonable person with the exercise of due diligence would have discovered that he or she had suffered injury or harm as a consequence of medical negligence is the party is not immediately aware of the relationship between the injury and the negligent conduct at the time of the negligent conduct, up to an outer bound of four years." If, however, a party can prove that he or she could not have discovered the relationship between his or her injuries and the medical negligence as a consequence of deliberate acts of fraud on the part of the doctor or entity alleged to have provided care below the community standard for reasonable, prudent, similarly situated providers the outer bound can be extended to a maximum of seven years from the date of the actual negligent acts or omissions. Personally, I have never seen the seven year period successfully argued, but even if it were not incredibly difficult to do so, you would even be beyond this time period.

I am terribly sorry to hear what you are going through and it is disturbing that some of your documents seem to be missing; however, the documents you are looking for may in fact prove that you were properly informed before the procedure was undertaken. It was after all quite a long time ago.

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Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

There are deadlines to filing cases known as statutes of limitations, and it would be best to contact a local lawyer to ascertain whether there is any exception to the statute applicable to you. Good luck to you.

The answer does not create an attorney/client relationship and is for informational purposes only.

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