Home > Research Legal Advice > Medical Malpractice > I settled my lawsuit almost 10 years ago can I reopen the case?
Asked 9 months ago - Elizabeth, NJ
FlagI contacted my then attorney immediately after my surgery and requested he file a malpractice lawsuit against my ortho doctor for the surgery! He explained he wouldn't because he uses him in all of his cases? I have been in pain since then, serious back pain that puts me out for weeks at a time. My then attorney will not assist me at all he simply says I dont think there is anything you can do!
If you settle a lawsuit, then that is the first, last and only chance you have of getting any money for that lawsuit. There are no re-opener rights (worker's comp is different, but this doesnt sound like a workers comp case). However, if you are saying that you had surgery, and you want to start a new case for malpractice against the doctor that did the surgery - and that surgery was 10 years - theh the settlement doesnt stop you, but more than likely the Statute of Limitations does - which is generally two years from the date of the negligent surgery. There are some exceptions but it would be the extremely rare case that would allow a lawsuit 10 years after the negligent surgery, though some exist - if you were a minor at the time, the discovery rule, ongoing treatment with the same doctor, etc. . We would need more information to assess that situation. Finally, your attorney is right, it would present an ethical problem for him to file a medical negligence lawsuit against an expert that he uses in his case. -
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