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Is there a possibility that the statue of limitations can be overturned for certain circumstances? Like if I was in the hospital

Harrisburg, PA |

All the lawyers I talked to said this would be an open-shut case, with all the evidence, if I filed suit within the statue of limitations. But I keep telling them, I was still going through the surgeries, chemotherapy, and hospital stays during that time. I am only a year older then the 20 yr age limit in PA. I am now just getting done with all my surgeries and hospital stays. I had no opportunity to make a suit against them until now. They weren't even the hospital that ended up diagnosing me. So to me, that's like they still didn't figure out the answer, another hospital did.

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Attorney answers 3

Posted

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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Posted

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.

Posted

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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