Asked 11 months ago - Okeechobee, FL
FlagI just found out on the 25th of May, 2012 thats my tubes were not tide like I wanted, they were burned. When I asked for them to be tide was 11 years ago, I got my medical records and the consent form and some of the medical notes that the nurse at the time made was not in them and the nurse even told me that she knows she put them in there. What can I do about this? Can I go after this doctor for what he did or not? Can someone please give me some advise on this matter!
unless you can describe some injury it would not appear you have a case. a further concern is that the statute of limitations for medical malpractice cases is 2 years from the time you knew or should have known but can be extended under limited circumstances but not sure they can be extended 11 years.
you may wish to consult an attorney if you have an injury.
It is unfortunately well beyond the statute of limitations for a medical malpractice action regarding this matter. Even taking advantage of the two provisions which provide periods of repose and therefore extend the time after the negligent act(s) or omission(s) before the statute of limitations begins ticking, you are well beyond the additonal time which either could have provided to you.
You can always file a complaint with the Department of Health or the Board of Medicine, but before you do that, exactly what is your complaint? That you were harmed in some manner? That certain portions of the record are simply not there?
Please expound a bit on your question, if you wouldn't mind. When you have done so, I will attempt to provide any avenue of relief to you that I can formulate.
Regards,
David B. Dohner, Esq.
The statute of limitations for med mal in your state is 2 years from when the patient either knew, or should have known with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice. Search Avvo's "find a lawyer" for a med mal lawyer in your state to discuss whether it is too late or not, depending on the facts and circumstances. Good luck to you.
The answer does not create an attorney/client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
http://www.InjuryLawyerPhiladelphia.com
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary