Can I still sue for a possible malpractice that happened years ago?
I had a mastectomy in 1998. I then had flap surgery cutting across my entire stomach, removing the stomach muscles and attaching mesh to hold in organs. My stomach was extended and hard. The surgeon said it was normal. I sought second opinion and the other surgeon discovered that the mesh was not attached and was floating in my stomach. I had to have the entire surgery done again. The first doctor was part of the surgical group, but he left shortly after my surgery. The second doctor is head of the surgical group. This info can be substantiated. I should have sued at the time but I was going through very difficult divorce. Can I sue now?
Answered By: Andrew T. Velonis, P.C.
The Statute of Limitations is 2 1/2 years from the last date of treatment from the defendant doctor for that condition.
Answer Applies to: New York
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jared Altman
The time limit for medical malpractice cases is two and one half years.
Answer Applies to: New York
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Stephen R. Chesley, LLC
The statute of limitations in medical malpractice cases is 2 1/2 years from the date of the malpractice. Since it appears that your surgery was in 1998 you are time barred from bringing a case against the doctor.
Answer Applies to: New York
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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