The time limit within which a personal injury claim may be filed generally doesn't begin to run until the victim turns 18 but malpractice claims are generally capped. Here in New York a claim like this must be filed within ten years of the malpractice. Contact an attorney immediately to find out what the law is in Your state.
I've been litigating civil cases in New York for almost fifteen years including personal injury, medical malpractice, business disputes, construction matters and all other types of civil claims. Feel free to check my website: ajlounyinjurylaw.com or shoot me an email at firstname.lastname@example.org. None of the answers I give on Avvo are to be taken as legal advice, nor are they intended to create an attorney-client relationship. The information provided is merely general information intended to allow you make an informed decision about your situation. I hope it was helpful.
The statute is 2 years in your state from the age of 18, thus 20. Best bet is to have him see a doctor about getting it surgically corrected.
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