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statute of limit med.malpractice? shoulder surgery missed tear, only labrum repaired, 2nd surgery required. Cortisone shots caused hospital visit

1 Answers. Asked on Aug 13th, 2012 on Medical Malpractice - Texas
More details to this question:
Physical therapy was undergone which aggravated the situation of the labrum repair, was told no damage to rotator cuff. still had major pain, went to another Dr. who said tear was visible on photos during first surgery and he couldn''t see how it was missed. 2nd surgery occurred to repair tears - 9 months later. Date of first surgery was 8/19/2011. Second surgery by better Dr. was 5/23/2012. Still have to undergo therapy altogether. 2 cortisone shots caused hospital visit due to high bp - Dr. who gave shots not paying bills for hospital.
Answers Showing 1 out of 1
Answered on Aug 13th, 2012 at 2:04 PM

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.

Click here for more information about me. Click here for more information about my firm.

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:  Skype: john_ratkowitz Web: 

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Medical Malpractice
Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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