Skip to main content

Is it too late to sue for malpractice for 14 yr old daughter who has mild cerebral palsy due to hospital and OBGYN negligence?

Charlotte, NC |

My daughter has mild cerebral palsy due to a uterine rupture I had during labor and delivery. I was given Cytotec in 1998 to induce labor, which put me at great risk of having a uterine rupture due to a previous c-section. I did not give them consent to use this off label drug on me, and they did not ask me to sign a consent. They did not advise me of any risks. We both almost lost our lives. They did not recognize all the classic signs of uterine rupture as I begged for an hour for an emergency c-section and told them something was wrong. My daughter went totally outside my uterus and was floating in my abdomen detached from placenta. They delayed in recognizing distress on fetal monitoring strips. OBGYN wouldn't leave work 5 minutes away to come check on me, until end.Still devastasted

Attorney Answers 3


Obtain a consultation promptly.

Each state has its own unique statutes of limitation and exceptions for minors and my understanding is that you may be able to contemplate a case for your daughter. However, you should seek a consultation with an experienced malpractice attorney ASAP.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Mark as helpful

4 lawyers agree


The statute of limitations for medical malpractice in NC is very short, in my opinion. You have 3 years from the date of the operation, or 3 years from the date of discovery of the issue. However, nothing can be more than 4 years away from the initial date of the operation. In other words, if the case is more than 4 years old there isn't much you can do. However, I suggest talking with a medical malpractice attorney in charlotte, most give free consultations and they can give you a more firm answer.

These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on the information provided which is insufficient to give meaningful advise. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so. If the Questioner wants to hire this Attorney for their case they must first contact his law office by emailing him at to setup a consultation. After a full discussion of the facts Corby and Ingalls, Attorneys at Law, PLLC can decided whether or not to accept the case.

Mark as helpful

3 lawyers agree


I disagree with the first answer given. Since your daughter is only age 14, she is still a minor under NC law. Therefore, the statute of limitation should not start running against her until she turns 18. Then she gets 3 years. That means she can still sue until she reaches age 21. However, I would not wait that long. You can initiate a lawsuit on her behalf as guardian ad litem. Unfortunately, any claim you might of made yourself has expired due to the SOL. This lawsuit would not be easy though. The evidence may no longer even be around after all these years. I hope you kept copies of all the medical records. There are some really good medmal attorneys in NC who do a lot of labor & delivery cases. Contact the NC Academy of Justice and ask for referrals.

Mark as helpful

1 lawyer agrees

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics