|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Medical Malpractice > statute of limit med.malpractice? shoulder surgery missed tear, only labrum repaired, 2nd surgery required. Cortisone shots caused hospital visit|
Most states have a statute of limitations between 2-3 years. Some have SOL that are longer. Nevertheless, because malpractice is not always obvious, and people only become suspicious after receiving a second opinion, the common law allows for the tolling of the statute of limitations under a "discovery rule." The argument is that a "reasonable person" in the patient's position would not have initially known that he was the victim of medical malpractice. The SOL in these circumstances begins to toll when a reasonable person should have known that the defendant doctor did something wrong.
I think you will get by any SOL problem, but if the second surgery cures your problems, I think there will be a question about whether or not the malpractice case is financially viable.
To investigate your claim further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: firstname.lastname@example.org Skype: john_ratkowitz Web: www.starrgern.com.