I was diagnosed with cancer in Jan, 2010. My oncologist agrees that surgeon missed diagnosis in March 2009. SOL In NH & ME

Asked almost 2 years ago - Dover, NH

I had an atty working on this and when they went to use their in state counsel, they found that this counsel had a conflict of interest because that doctor is their expert witness. After being told that the case was filed, I find myself high and dry. I have severe permanent pain from radiation burns & scaring, and loss of functions in 3 organs. I can't believe the attys office told me they filed the case & lied to me & others & now I am worried about the statute of limitations in ME and NH. I have three medical experts thumbs up but they had case for over a year before finding out about the conflict. Their associate's relative is also lawyer for hospital as well as other conflicts. What is statue of limitations in both states please and how can I get someone to take a look at this?

Attorney answers (3)

  1. Charles Chris Teale

    Contributor Level 3

    Answered . Sir or Madam,

    I am sorry to hear about your health and legal dilemmas. As Attorney Brophy mentioned, there does seem to be some confusion over the issues, and it is best advised to sit down with your counsel to gain a clear understanding of exactly where your case stands.

    Should that not work for you, I would be glad to sit down with you and discuss your options, as they may be numerous. In the state of New Hampshire, any lawsuits against a medical professional due to negligence must be filed within the state statute of limitations, which is generally 2 years from the date of the negligent injury. In cases where a foreign object was placed or left in the body of the victim, and that object was not immediately discovered, the plaintiff has 2 years from the date of injury or from the date at which the injury was discovered or should have been discovered to file a malpractice suit. If the medical malpractice injury resulted in wrongful death, a suit to recover damages for that negligence must be filed within 3 years of the date of the death of that victim. These laws apply equally to minors 8 years old and older, as well. Minors under the age of 8 must file malpractice claims by their 10th birthday.

  2. Daniel Joseph Miller

    Contributor Level 10

    Answered . Find another attorney in your area, ASAP! to discuss your options. Use AVVO or any other legal referral source for medmal attorney's.

    The response herein is for informational purposes only is not legal advice and does not create an attorney/client... more
  3. Joseph Jonathan Brophy

    Contributor Level 20

    Answered . Your question suggests to me that you may not clearly understand exactly what is going on. Specifically, was your case filed or was it not? I gather from your question that you retained a lawyer in a state other than where the action was filed, and your attorney had associated counsel in the state where the action was to be filed. If your case was in fact filed, the statute of limitations should not be a concern. It is the obligation of the attorney you retained to find you substitute local counsel. If the case was not filed in time and statute was blown due to their neglect or that of their associated counsel, your lawyers may be liable for legal malpractice. I advise you to sit down with the lawyer you retained and go over all the facts before taking any other steps. It may be this was a glitch and not a disaster.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more

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