I recently had ankle surgery for an injury that i was misdiagnosed for back in 2002. It's now 2009. Can I sue for malpractice?

The statute of limitations allows for you to bring a med-mal action up to one year from the date you discovered the negligence but no more than three years from the date of the injury. From the facts as you state them, it is at least arguable that you should have known or that you suspected years ago. And since the alleged misdiagnosis was is 2002, you have exceeded the three year limit, so the statute of limitations appears to bar you from bringing suit.

Stephanie White
THE LAW OFFICE OF STEPHANIE WHITE
Simi Valley, CA
www.805Lawyer.com

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Unfortunately, it appears that your statute to file claim for medical malpratice may have lapsed as the limitation period is one year from the date of discovery or three years maximum. There may, however, be an exception IF you were under the continuing care of the wrongdoing physician and the physician led you to believe that all would be OK, only to later learn that all was NOT OK. But this is a most difficult theory (an exception to the strict statute limitation) an you would be required to prove that you not only continued under the care of the wrongdoing physician, but that he misled you to cover-up his breach of the standard of care that resulted in your injury. If such circumstances exists, contact a medical malpractice attorney to discuss your claim. Hope this helps; best of luck.

I am not licensed in CA and can offer you only general advice. You need to contact a local attorney right away to find out what the statutory limitation periods are. I doubt that the statute of repose is 7 years long. What ever the limitation period is- you would not be able to admit evidence predating that ultimate time period regardless of when you learned of the delay in diagnosis. Good luck and contact a local lawyer right away.

Betsey Herd
Tampa, Florida