When I was in fifth grade I was in a four-wheeler wreck. I was taken to a small emergency room in my home town where they overlooked a rock that had lodged into my elbow and they continued to stitch over it and they sent me home. The infection got so bad that I almost had to have my arm amputated or the infection would have spread and killed me had I not had two open surgeries to save me. My parents did not sue. I am 21 years old now and I was just told that I could possibly take action now that I am an adult. Am I too late?
Well Space kitth, I am sorry to hear about your predicament too. I figured my time had passed for opportunity. I just asked the question because my mom is currently studying medical law and it said the statute of limitations can begin when the child involved turns 18 if his/her parents didnt take action when they had the chance too. Therefore meaning I might still be in the ball park since I havent been an adult more than a few years. but if I cant do anything about it then I guess I wont worry about it.
Candynite
Yes it is too late now. Just get on with your life.
The Space Kitth
Unfortunately, no... The statue of limitations has passed on your case.
I am in the same boat as you buddy... I had a hip surgery that went wrong when I was 10 and my mother was an alcoholic and pill addict, so she didn't take care of what needed to be done at the time and accepted extended care for my rehabilitation in exchange for not suing... By the time I got a doctor of my own, as an adult, I was told that it was too long after the surgery, even though I was a minor at the time, so I was S.O.L.
Because of the screw up, when my doctor here in IL saw my X-Ray from a few years back, he looked me in the eye and said, and I quote, "Holy sh*t! How do you even walk??"
He said the ball of the joint looked like gravel and he was amazed that my pain tolerance was so high because I can usually walk without a crutch for day to day activities... It is the high pain tolerance of my genetics, my whole family has MASSIVE pain tolerance, combined with the genetic mutations that express themselves in red hair, extreme pain tolerance, and a propensity for obesity.
I still need a full hip replacement on my right side, but there is nothing to do other than try to plan for the future.
Believe me when I tell you to try and move on... Dwelling on the "What If's" will only drive you nuts.
Dustin
If you were 18 (or 19 in some states) you would probably have 1 year in which to file your claim from your birthday. Most states have a 1-year statute of limitation and that begins to toll on your birthday which brings you to the age of majority. Interestingly enough, your parents could have sued and then you could have sued again within the first year after you reached age of majority. But now, you're probably out of luck.
Orignal From: Can I SUE for medical malpractice from my childhood now that I am an adult? PLEASE HELP!?
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