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When I was 3 yrs old a Doctor had put ear tubes in my ears and punctured both ear drums, I had surgery on both ears in 2008,

Simi Valley, CA |

Both surgeries I had were unsuccessful and I still have problems with my ears today such as hearing problems, pain, and I cant put my head under water probably for the rest of my life. I am 23 yrs old now and still suffering. Would I have a chance taking this Doctor to court?

Attorney Answers 7


  1. It appears that the Statute of limitations has passed.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  2. It is highly unlikely that you can pursue a claim 20 years later. Statutes are generally extended for minors but it is doubtful that the extension would be 20 years. How would you prove yur claim or the doctor defend? Even your records are probably destroyed or no longer available.


  3. The statute of limitations appears to have run. Is there a reason you did not try to address this sooner?


  4. YOU MAY HAVE AN SOL PROBLEM. WHY DID YOU WAIT SO LONG TO PURSUE? NEED MORE INFO. BEST OF LUCK.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  5. Not sure why you waited decades


  6. Aside from the statute of limitations issues raised by the other attorneys adding comment to this thread, I add the following observation... tympanic tube placement is puncturing the eardrum and insertion of the tube through the puncture... thus, should one want to sue for puncturing an eardrum during tube placement one would be doing something like suing for lacerations to the appendix during an appendectomy.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    4160 Temescal Canyon Road, Suite 306
    Corona, CA 92883
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  7. I agreed with the other attorneys. Your statute of limitation has expired. Why did you wait so long?
    Under California law, the statute of limitation is either 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older.

    There are tolling exceptions but they are very limited to very few situations: mental incompetent, minority, etc. Minor exception for example: except in cases of medical malpractice, a minor has two years from the date of his or her 18th birthday to file a tort claim. For medical malpractice actions involving minors below the age of six, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.

    It doesn't seem like your situation fall into any of those exceptions...

    You can take this as a learning experience and next time remember to talk to an attorney as soon as possible if you think you might have a case and have any legal questions, instead of waiting... People often lose their case/claim because they wait to long and then their statute of limitation expires...there's nothing we can do.

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)

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