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,

Asked over 1 year ago - 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. Paul J Molinaro

    Pro

    Contributor Level 18

    7

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    Answered . 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.
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  2. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  3. George Costas Andriotis

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . 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.
  4. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

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    1

    Answered . 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.

  5. Wendy Ha Chau

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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... more
  6. David Ian Schoen

    Pro

    Contributor Level 20

    6

    Lawyers agree

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

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Not sure why you waited decades

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