SOL For Medical Malpractice Issues

What is the name of your state? OH/MI

What determines the SOL of a medical malpractice suit. Is the timing based upon when the malpractice happend, or when it was discovered that it may have taken place?


If you want the full story read below.......

Let me explain in further detail

Several years ago I had a leg injury that resulted in broken bones. At the time the orthepedic surgeon decided the best method of repair was just to set the bones and cast it. At this time the doctor only had basic x-rays taken and never investiaged further. The leg never did feal 100 percent but it was OK.

Recently the problems in this leg increased. I vistied another orthepedic surgeon and is questioning why the initial doctor didn't take a CT scan and fix the problem properly.

Basically when is the SOL time in effect. Does it start from day 1, or is there any exceptions for problems discovered down the road?

mrtoledo
The statute begins to run when the injured party knew or should have known that something went wrong. In Michigan the statute of limitations is two years; in Ohio, the statute of limitations is one year. I am not an attorney or more importantly I am not an attorney who is familiar with your claim; therefore you should verify this information with a medmal attorney in the city where your fractures were diagnosed and treated.

I do not believe you have a claim of negligence. "Regular" x-rays are usually adequate to determine fractures and treatment.

EC

ellencee said:

mrtoledo
I do not believe you have a claim of negligence. "Regular" x-rays are usually adequate to determine fractures and treatment.

EC

Click to expand...

After tallking with doctor I am seeing right now, is it believed the normal x-rays would have shown that the bone never set properly. There is a 2.5 x 2 cm bone fragment protruding from the tibia. I am not an medical expert by any means, but I can tell by looking at the x-ray it was not right. I had CT scans last week and it shows the fragments are from the initial fracture and is not a new injury.

More than likley I am out of luck on any legal action, but it is just fustrating that now I am going to have to go back to the hospital and have my leg hacked up to fix the problem and be layed up for several weeks. Luckley I have decent insurance and paid medical leave from work.