Obtain a consultation promptly.
Each state has its own unique statutes of limitation and exceptions for minors and my understanding is that you may be able to contemplate a case for your daughter. However, you should seek a consultation with an experienced malpractice attorney ASAP.
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
The statute of limitations for medical malpractice in NC is very short, in my opinion. You have 3 years from the date of the operation, or 3 years from the date of discovery of the issue. However, nothing can be more than 4 years away from the initial date of the operation. In other words, if the case is more than 4 years old there isn't much you can do. However, I suggest talking with a medical malpractice attorney in charlotte, most give free consultations and they can give you a more firm answer.
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I disagree with the first answer given. Since your daughter is only age 14, she is still a minor under NC law. Therefore, the statute of limitation should not start running against her until she turns 18. Then she gets 3 years. That means she can still sue until she reaches age 21. However, I would not wait that long. You can initiate a lawsuit on her behalf as guardian ad litem. Unfortunately, any claim you might of made yourself has expired due to the SOL. This lawsuit would not be easy though. The evidence may no longer even be around after all these years. I hope you kept copies of all the medical records. There are some really good medmal attorneys in NC who do a lot of labor & delivery cases. Contact the NC Academy of Justice and ask for referrals.
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