Due to this I had to have a transfusion, hysterectomy, a blood clot removal & 6 months later I had to have an incisional hernis removed due to all the surgeries, etc. Years later i am battleing the fact that I had my child bearing years taken away from me. Is there anything i can do after so many years have passed?
Very likely there is nothing you can do. You knew about the injury and the cause. The statute of limitations is almost certainly expired. You can speak with a medical malpractice lawyer in VT to make sure you don’t fall into an exception to the rule or that the statute of limitations wasn’t tolled for some reason.
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.
I believe Vermont’s statute of limitation sis 3 years from the date of the injury. Unfortunately the time for you to file any lawsuit has long expired.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
There is generally a tolling provision in the Medical malpractice statute in Michigan that if you did not know and could not have known about the malpractice than the statute is tolled. That is the only exception that I am aware of that allows you to toll the statute of limitations in medical malpractice cases. Call a local malpractice attorney!
You should consult an attorney in your State at once.
Nothing in your account of this incident indicates to me why you think one or more of the medical professionals who helped you were somehow at fault, and that but for their fault, the injuries you suffered would not have occurred. This is the central issue, because if a professional's negligence didn't cause the damage, malpractice is not at issue and the question of the application of the malpractice statute of limitations doesn't even come up.
I am sorry to learn of your ordeal. Since you are apparently writing from Rutland, I assume this medical treatment was rendered in Vermont. Unfortunately, the Vermont statute of limitations for bringing a claim regarding a medical malpractice is 3 years from the date of the incident. Your 12-year-old incident would be time-barred under our statutes. If a case was filed, it would be subject to the affirmative defense of a statute of limitations and would, in all likelihood, be dismissed by the court.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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