There are time limits known as statutes of limitations which limit the time you have to file a case.
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The statute of limitations on a medical malpractice claim runs one year from the malpractice, one year from the last date of treatment, or one year from the date the patient discovers, or in the exercise of reasonable diligence should have discovered, the resulting injury from the malpractice. Should you not file or settle any potential claim before this time lapses, then you are forever barred from bringing a claim. Based on the information above, if the injury occurred in 2008, and you realized it at that time, you may be barred from bringing any potential claim(s).
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You should speak to an Ohio attorney (I assume that is where this happened). The law in each state differs. They have different statutes of limitations, different tolling provisions, different laws regarding what type of case you can pursue. Do not delay since filing a case even one day late won't work.
This information does not form an attorney-client relationship and is provided for general informational purposes only. You should seek the advice of an attorney to obtain the legal advice you needIf this information has been helpful, please indicate below. Mr. Ray is licensed to practice law in Oklahoma. 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. Ray strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You should definitely contact an attorney in the state all occurred. While medical malpractice cases do, in most cases, allow for emotional distress, only a careful and comprehensive review of the records can determine whether a claim should be pursued. This review should not wait any longer than necessary.
By answering, no attorney-client relationship is established. The answer provided is for information purposes. A detailed review of the medical records and a discussion with the questioner is needed as soon as possible to accurately determine whether or not a claim is viable. You should contact an attorney directly to obtain a definitive opinion regarding your question.
I recommend that you obtain your medical records regarding this procedure. Next, as the previous attorney mentioned there are time limits, commonly known as the statute of limitations, that dictate when a lawsuit must be filed. There are also exceptions to these time limits, such as when you knew that the problems you were experiencing were caused by the surgery performed by this physician. You need to contact a reputable medical malpractice lawyer.
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
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