Ihad a bad experience at a hospital in 2003 and I've been told I should file.I wasn't givin any explaination for waking up on a ventilator in icu after a proceedure that wasn't considered life treatening.

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as soon as possible doctors are known to hire snakes as their lawyers

Endo
It depends on where you are. The statute of limitations varies by each state's medical malpractice law. The limit can be as short as 6 mos. after an incident to 4 years afterwards. There is an exception to the statute in the case of an injured child, when the child needs to reach a certain age in order for the suit to be filed.

The time to file under the statue of limitations begins from the date of the incident. In SOME cases, under medical malpractice law, the statute of limitations is applied when the injury is discovered - or when the injury should have been discovered. For example, a patient who suffers an injury as a result of a medical instrument being left inside the body during surgery will have a certain period of time starting from the date the mistake was discovered. If the patient begins to experience pain a month later, seeks treatment, and the mistake is found, the statute of limitations will apply starting from the date the mistake was discovered. If the patient delays treatment for months after having the pain, the starting date of the statute of limitations will most likely apply to the point at which the patient first began having the pain, when the mistake should have been discovered.

Check with your state's medical board to determine the specifics of your locality. You may still well be able to file under the statute of limitations if you move quickly and your state is one covered by the "4 year" limits.

Good luck.

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