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

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

Charlotte, NC -

Attorney Answers (3)

Stephen Michael Corby

Stephen Michael Corby

Litigation Lawyer - Charlotte, NC
Answered

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... more
Andrew Daniel Myers

Andrew Daniel Myers

Personal Injury Lawyer - North Andover, MA
Answered

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.... more
Gregory J. Brewer

Gregory J. Brewer

Medical Malpractice Attorney - Wilkesboro, NC
Answered

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.

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