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Is there a statut of limitations on medical malpractice?

by tom44 on August 11, 2013

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Question by Lisa Marie: Is there a statut of limitations on medical malpractice?
My son was misdiagnosed with TB three years ago, he’s only six now. It was rather tramatizing on him. He’s more scared of X-rays than he is shots. That to me is really weird. I spent about $ 1000 on medicine. And the company is now billing me for about $ 2000 in medical bills, for a disease he never even had. Ok the skin test looked positive but it didn’t feel positive there is supposed to be like a little rock under the skin. And the first x-ray he moved on but a good x-ray tech or doctor should be able to tell. The other 5 x-rays they took came out completely normal. We even had to take him to a specialist. But it was a long time ago and I can’t afford a lawyer. If there isn’t a time limit does anyone know a lawyer who takes payments or you only pay if you win type of thing in the san diego area? Or any other thoughts would be helpful. There has to be something… have you ever been told your 3 year old son was dieing, doctors need to be sure before they tell parents that.

Best answer:

Answer by gnomes31
It seems the common length is 2 years but it is flexible because it’s not 2 years from when you first seen the doctor but 2 years from when you realized something was wrong.
There are a lot of attorneys who specialize in this and are more then happy to talk to you the first time for free to find out if you have a case. If they decide to take your case they won’t charge you anything until you win.

I definitely would be very upset over all this but at the same time do think hard and make sure you are being fair. I know there are some idiot doctors out there but it is a shame that the good ones get afraid to diagnose because of a lawsuit. Where I live we have lost most of our private doctor offices (they couldn’t afford the malpractice insurance) they have all joined with a hospital or moved to another state that has limits on their malpractice.

Also think about if it had been the other way around. Think what it would have been like if they would have decided to not diagnose it with TB and then he really did have it and now it was too late for any kind of treatments.

If this doctor was really doing his job the best he was capable of I wouldn’t punish him personally. But I would want all my medical costs paid for.

Good Luck with everything

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One thought on “Is there a statut of limitations on medical malpractice?

  1. bomullock says:

    The laws keep changing, this site might help-it lists a lot of alternatives and lawyers who only collect after the case is settled. Your case sounds very solid. Just get all of your proof together and go for it!! Sometimes doctors won’t give you the records-demand them or let the lawyer demand them.

    http://solution21st.com/legal/malpractice.htm?OVRAW=statute%20of%20limitations%20on%20malpractice&OVKEY=statute%20of%20limitations%20on%20medical%20malpractice&OVMTC=advanced

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