My question is, does anybody know the specifics like the statute of limitations on such a suite.
As a child i was misdiagnosed with ear infections when I actually had a tumor in my head which nearly killed me.. Luckily the dr's realized it wasn't an ear infection before it did.. but it still caused severe hearing loss in my left ear which I had to have 6-7 surgeries to get me to still terrible hearing.
I was 16 after the last surgery and both my parents were in the military (health insurance was thru them) and thats why they never investigated into any type of law suite.. but now that im 20 and in need of health insurance myself Im seeing that I will in most cases not be able to get it because of my past health history and or have to pay an exorbitant amount that i won;t be able to afford..
Would i still be able to sue the us air forces medical care for the repeat misdiagnoses which allowed this?
I live in maryland
Dana A
No, the statute of limitations on such a lawsuit would normally be one or two years at most. Even with tolling due to you being a minor, the statute of limitations has likely expired. You might want to consult a local attorney to confirm this.
Dana (attorney)
AdamBaum
what state do you live in? they are all different.
Chopperman
Three problems, the first two are strikes and the last one is coming in low and inside and starting to break:
- The statute of limitations is typically 2 years. Some localities may allow you to start the "2 year clock" from the day you turned 18 but don't count on it. The laws that would apply are based upon the location(s) where the treatment was provided. If it was provided on post/base, military regulations would apply.
- Going back ~ 20 years, Congress did not allow malpractice lawsuits against military doctors
Third major problem - there are no laws against being a bad doctor, just being a negligent one. At this point, you would have a nearly impossible task turning up any kind of record to support negligence.
There may be other avenues to pursue. I suggest contacting your Senator's military liaison to see if there are any programs or assistance for former military dependents in your situation; check with your local VFW/American Legion to see if they have any special agreements with local underwriters for discounted health insurance; check with your state representatives to see if they know of any state health programs for former military dependents.
Mr Placid
First of all, a misdiagnosis does not automatically mean negligence. If the doctors still provided reasonable treatment, then there is no negligence. Initially treating ear pain as an ear infection is probably reasonable.
Next, presuming there was medical negligence, if it was caused by an air force clinician, then your cause of action falls under the Federal Tort Claims Act (FTCA). Generally, you are required to file a claim with the agency that caused your injury (air force) within two years. (If you do not file a claim within this time, your claim is forever barred.) If your claim is denied, you have six years to file suit. I don't know if there are exceptions for persons who were minors at the time. See a lawyer if you want to be absolutely sure.
The state you live in, or where the negligence occurred, is mostly irrelevant. It is relevant only for the determination of whether negligence occurred. It has no bearing on statute of limitations for FTCA claims.
Orignal From: Medical negligence lawsuit!?
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