Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

Is it too late to charge a lawsuit?

Hi, I am a 16 year old male with a pacemaker. When I was a little older than two years old, a heart doctor discovered that I had a heart murmur. They performed a procedure that went flawlessly... Until the last 10 minutes of the procedure. The heart surgeon (thinking he was finished) accidentally allowed an air bubble back into the lines when they were pumping blood back into my heart. When it reached my heart, it basically erupted and did more damage to the valve than was originally there. They had to do the best they could, and had to put a pacemaker in my lower left stomach area. After the procedure my heart quit three times, and for over ten minutes sometimes. The doctors said that if I did make it out alive, I would more than likely be blind or deaf. Thankfully, I am neither. I was just asking if (since it was 14 years ago) it is too late to press charges against the surgeon. My parents would not do it because they didn't believe in it. But, that surgeon ruined a good portion of my life. I could never do the things I wanted to do, and I was always picked on for being "different."

2 Answers

  • 8 years ago
    Favorite Answer

    Probably too late. There is a statute of limitations for filing a medical malpractice claim. It's as short as two years in some states. Do a google search with these words:

    [Your State] statute of limitations medical malpractice.

  • 8 years ago

    It depends on State law, but in many States, the statute of limitations doesn't start running until you turn 18. However, it is often a VERY short deadline in those cases. Talk to a lawyer ASAP.

    This kind of case is usually handled on contingency, which means it doesn't cost you anything, but the lawyer keeps about 1/3 of whatever you win if you are successful. That's a high fee, but it is necessary because the lawyer is putting up a bunch of money and risking that he'll get nothing back. I don't do contingency work, but if you are in New York State and have the money to hire a lawyer hourly (that's cheaper than contingency, but then you are taking the risk with your money instead of the lawyer taking the risk with his), feel free to e-mail me about it.

    Good luck with everything.

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