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Is there a statue of limitation?

Seattle, WA |

My mom had two incidents occur at a hospital; one was negligence, the other malicious.

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Attorney answers 4

Posted

You should get all of the medical records and have a consultation with an experienced medical malpractice lawyer to see if you have a claim. Good luck to you.

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Posted

I doubt that there are any states that have a statutory period that would allow a claim for medical neglience after 20 years. It is virtually impossible to obtain medical records after this passage of time since there is no requirement that a provider keep records for this length of time.

David B Pittman

David B Pittman

Posted

Very good point.. I did not read close enough. Thanks for clarifying.

Posted

Have a local lawyer obtain all the medical records to be reviewed by an expert.

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Posted

I doubt that there are any states that have a statutory period that would allow a claim for medical neglience after 20 years. It is virtually impossible to obtain medical records after this passage of time since there is no requirement that a provider keep records for this length of time.

Posted

I am sorry to say that under virtually all conceivable factual circumstances, any claim for medical negligence has passed during the twenty years since these events.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

Your mom needs to contact a medical malpractice attorney for a consultation immediately. If you are doing it on behalf of your mom, you will not get medical records because of HIPPA laws; and not all records are provided to patients upon their request. An attorney will evaluate the case and gather records for review.

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