The discovery rule and if you are defrauded in which the wrongdoer conceals information from you to prevent you from discovering the misdeed.
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The key to your answer is when you realized or should have realized that you were the victim of medical malpractice. This is called the Discovery Rule. If the circumstances were such that an average person would not have realized that he was the victim of malpractice when the injury occurred, then the statute of limitations would be extended and would not start to run until the injury was discovered. Also, if your healthcare provider intentionally hid information from you that would also delay the start of the Statute of Limitations. You should immediately consult wit an attorney specializing in Medical Malpractice.
Best of luck.
The discovery rule delays the operation of the statute of limitations, but the key is that the statute starts to run when an injured person reasonably should have discovered that the medical procedure caused injury. Do not delay another day in obtaining counsel. It is a bit difficult to understand the delay where apparently there were at least discussion with counsel.
I need to correct you, there is no such thing as an "open-shut" medical malpractice case. Yours would be the first. Understand, from those who have been through the process, there are always defenses. Even in the most "obvious" case. I'm not trying to solicit a back and forth, rather, trying to urge you to seek counsel now.
Meanwhile, here is more on the statute of limitations:
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.
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