But I have may gone over the statue of limitation by 4 months.Is there anything I could do to proceed with this law suet any way even though I just discovered I may have a case.
sun_shinevt
Highly doubtful, if you had 4 years to pursue it and didn't.... it would depend on the merits of your case.
goz1111
Consult with a personal injury lawyer
Eggchick
The statute of limitations begins to run when you "know or should have known" that you suffered an injury or damages. It's the "know or should have known" that is the tricky part. If your doctor did surgery on and you were feeling fine until all of a sudden, 6 months later, you started having problems that led to the discovery of a sponge left in you, then you "should have known" you suffered an injury or damages when you started having the symptoms.
You say you just discovered you may have a case. Did you just start having problems, did you just discover the malpractice? If you just started having problems then you may still have time to file. The best thing to do is to contact an attorney that specializes in medical malpractice and have an initial consultation with them (they will usually do this for free). If they think the statute has not run and they are willing to take the case, they will tell you and they will likely take the case on a contingency basis (meaning if they don't get you anything you only pay hard costs).
Just a word of caution, however. Anytime you sue, especially in personal injury cases like this, you open your entire life up to very close scrutiny by the doctor or hospital's attorneys. They have a right to question you under oath (deposition), they have a right to get your medical records and tax records and other information (discovery), and they can go back for a while before the incident that cause your injuries - they basically will search for every skeleton in your closet and they will do it legally. And if their attorneys are really good (which they will be because their insurance company will be paying the bill for the defense), they can drag the case out for years until you finally give in, take some paltry sum and go away.
Think about this before you go ahead with a suit, if you even still have one.
Orignal From: I have just discovered that I may have a medical malpractice case ?
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