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Statue of Limitation

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2

2angels4me

Guest
What is the name of your state?What is the name of your state? Oklahoma
I had surgery in 1998 and just started have problems that are linked to that surgery. I went to another doctor who requested my medical records on the surgery and after receiving them I did not sign a consent to treatment or any consent to the procedure she did. The surgeon had come into my hospital room on the day of surgery and told me I had three options. She would allow me to discuss this with my family and would come back before surgery to find out what option I wanted. She never come back to the room. I did not find out what procedure she did until after a followup checkup. She combined all three options. I was VERY unhappy with this, but didn't think there was anything I could do about it, until I recently found out I didn't consent to the treatment. Another thing to mention, that doctor is no longer practicing! :mad:
I figure the statue is already expired but I figured I would check with ya'll and see if ya'll know, couldn't find anything on the web...
Thanks.
 


S

Stellazz

Guest
A question...

I'm sorry, I have no advice to offer you, but I was just wondering whether you'd ever posted at the IVillage parenting boards? Your handle seems awefully familiar.

Good luck to you.
 
2

2angels4me

Guest
No never been there, someone must have had a good ideal like I did with the log on name....lol
 
:)
2angels4me said:
What is the name of your state?What is the name of your state? Oklahoma
I had surgery in 1998 and just started have problems that are linked to that surgery. I went to another doctor who requested my medical records on the surgery and after receiving them I did not sign a consent to treatment or any consent to the procedure she did. The surgeon had come into my hospital room on the day of surgery and told me I had three options. She would allow me to discuss this with my family and would come back before surgery to find out what option I wanted. She never come back to the room. I did not find out what procedure she did until after a followup checkup. She combined all three options. I was VERY unhappy with this, but didn't think there was anything I could do about it, until I recently found out I didn't consent to the treatment. Another thing to mention, that doctor is no longer practicing! :mad:
I figure the statue is already expired but I figured I would check with ya'll and see if ya'll know, couldn't find anything on the web...
Thanks.
Minnesota
Hi. You should call a local Attorney and ask some questions. The call is free.
Providing the statute has not run out: You probably can't do anything to the doctor being he/she does not practice anymore but did you get that info from your State Board or from the Hospital/Clinic you went to? He/she could be practicing somewhere else. The Hospital providing the Surgeon may be a better way to go. It may also be a hard case to win seeing you never made a complaint in writing. This is one good reason to get copies of ALL your medical and Hospital records each 3-6 months. You can also view them at the facility, with ID, and ask for copies of the pages you want. I always get copies made. When my Dad passed away I had to view his extensive files from 1960-1999 and pay for parking 2 days and .95 per page of what I wanted which cost me around 50.00, but I had not seen him for 38 years so
I wanted to know about his health. My girls will not have to do this as they will have my copies. If they ask you on the release form why you want them just write in "Self" cause if you want them for your Attorney (which they sometimes ask you to get) you may be charged for them.
Call a local Attorney and ask if there is a statute of limitations!! If there still is one, the longer you wait, it may run out. Good Luck :) ~Mary~
 

You Are Guilty

Senior Member
Unless you were a minor at the time of the original surgery, the SoL will have expired. I believe OK uses the 3 year SoL under the non-written contract statute (§12-95(2)), but even if it falls under the 5 year catchall (§12-95(11)), you're 3 years too late. Sorry.
 
T

tammimcarter

Guest
I need the same info too!

Howard County, Maryland
I am looking also on the web for state statue of limitations. If you find a web site with this info, please let me know, and I will do the same for you okay. Good luck :D
 

rmet4nzkx

Senior Member
Date of discovery may toll the statute and the hospital may also share in the responsibility, also were your druged when you spoke to the doctor prior to the surgery, which may have affected your competency? When did you learn that the surgeon combined the treatments or that you needed to consent for the procedure? Have you received any follow up or repairative treatments or assessments of surgery?
Statutes of Limitations

Under Oklahoma law, a medical malpractice action must be brought within two years from the date upon which the claimant knew or should have known of the alleged injury. Okla. Stat. Ann. tit. 76, § 18 (West 1995). This statute provides that an action brought more than three years from the date of injury shall be limited to past and future actual medical and surgical expenses resulting from the injury. Id. This latter limitation, however, was declared unconstitutional in Wofford v. Davis, 764 P.2d 161 (Okla. 1988).
 

ellencee

Senior Member
2angles4me, et al

I still want an attorney to respond to this post.

At least three disciplines have to assure that an op permit has been signed by the patient or the patient's legal representative--RN, anesthesiologist, and surgeon. A missing document does not confirm that no consent was given. The records should include documentation of the presence of and review of the surgical permit. This may be found in the op report, the OR nurse's receiving documentation, the documentation of the nurse who cleared the patient to leave the floor for the OR, the anesthesia notes, etc.

In the unlikely event that no surgical permit was signed, I believe it could be interpreted as a criminal act and a statute of limitations unrelated to medmal would apply.

The signing of admission papers is a consent to receive treatment, so I do not believe that issue is of question.

The original poster stated that current treatment is linked to the surgery in question not that the current treatment is necessary to correct foreseeable and significant damages caused by an act (or acts) of negligence in the original surgery.

EC
 
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