In Dec. 2006, I had a normal delivery of a healthy baby boy. However, my left leg was numb from the knee down for 6 months. 2 of those months I could barely walk. I couldn't even walk on my own out of the hospital. It felt like when your leg goes numb from lack of blood flowing - only it never stopped. My MRI was clean. But this nurse says I could have brought a lawsuit against the doctor. It's almost 3 years now, too late?
Caoedhen
It could be, and good luck with the lawsuit!
Google "(your state) medical malpractice statute of limitations". It may be as short as 2 years.
USAFisnumber1
That nurse is a moron.
You have to do two things. First you have to prove you got an injury. Sounds to me like you are OK now. Just how much money do you think you would get for an injury that you recovered from? I would bet you would have a hard time finding a lawyer to take the case as there will not be much money in it.
Second you have to prove that the doctor caused it. Just because you had a complication does not mean the doctor did anything wrong. It could have been something totally unrelated to your having a baby. (Some times people have to get the appendix out when they are pregnant. Is that the doctor's fault?)
As far as how long ago, you need to check state law. In many states you only have a 2 year window for filing a suit. You need to find out what your state time limit is.
And FYI, the problem could have been caused by the baby's head putting pressure on a nerve when he was born. It could happen with the next delivery also. You might want to discuss having a C-section next time to prevent that possibility.
Sage
Depends on what state you are in. The time within which to bring a lawsuit is called the statute of limitations. The statute of limitations for medical malpractice lawsuits varies from state to state. It can be as short as 1 year or as long as 6 years. Generally statutes of limitations for medical malpractice lawsuits are pretty short -- 2 years or 3 years.
There is a legal doctrine that can lengthen the period of time within which to file suit. There is a doctrine called the "discovery rule," under which the statute of limitations does not commence to run until the plaintiff (the person who brings the lawsuit) knows or should know that malpractice was committed. From your description of what happened, it is unclear whether that rule would apply here.
If you are seriously considering a lawsuit, you should consult a lawyer RIGHT AWAY. DO NOT WAIT. Statutes of limitations are generally for even periods of time -- 1 year, 2 years or 3 years. It is possible that you can file suit now, but your claim will be precluded if you do not file suit by December.
evilattorney
It may be. It depends on the statute of limitation in the state where it happened. However, even if you are still in time, you may find it difficult to find a firm to take a case of peripheral neuropathy. Medical malpractice firms want cases that have very large payouts at the end.
jsmack19
Generally it's between 2 and 3 years, check your state's laws. Also, usually it's 2 to 3 years from the date that you could have reasonably known there was malpractice, or from the discovery of the harm. What is your actual claim?
Orignal From: Is there a time limit for medical lawsuits?
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