• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

malpractice

  • Thread starter my brother is a jerk
  • Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

my brother is a jerk

Guest
I Live in Delaware. I had my ovaries removed in Jan of 1997 by laprascopy. Doctor must have dropped a piece because I had exploratory surgery last week. They found a piece of an ovary growing near my umbilicus. I have had to have major surgery again because of this error. I was in the hospital for 6 days, and 3 complications. I will miss about 8 weeks of work without pay. Delaware law says you must sue within two years of date of negilgence, but I just found out last week. De law apparantly says so what!!!! What can I do?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

OKay, whoever told you you have two years only to sue is wrong. There is a statute of limitations (most likely two years) for medical malpractice cases like yours. HOWEVER, because they just discovered a piece was still in you and required surgery to remove, you did not have knowledge of your injury until the discovery. From that point, you have two years to sue.

Get an attorney who specializes in medical malpractice in your state immediately. Check with attorneypages.com first and then check with your STATE BAR. They can give you referrals.

Hope this helps.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

OKay, whoever told you you have two years only to sue is wrong. There is a statute of limitations (most likely two years) for medical malpractice cases like yours. HOWEVER, because they just discovered a piece was still in you and required surgery to remove, you did not have knowledge of your injury until the discovery. From that point, you have two years to sue.

Get an attorney who specializes in medical malpractice in your state immediately. Check with attorneypages.com first and then check with your STATE BAR. They can give you referrals.

Hope this helps.
<HR></BLOCKQUOTE>


Dear Lawrat:

Just a slight, but nonetheless important, correction to your response. Here's the Delaware Medical Malpractice statute of limitations, which only affords our writer with one, extra, year:

"Any medical malpractice action, whether for injury or death, must be brought within two years after the date of the injury.

****If, however, the injury is not one that can be discovered with reasonable diligence, the claimant is afforded an additional year in which to bring an action.****

Id. For minors six years of age or younger, a medical malpractice action must be brought within the two-year time limit or by the child's sixth birthday, whichever is later."
Del. Code Ann. tit. 18, § 6856 (1989).

A former version of this statute, with substantially the same terms, has been held to be constitutional. Reyes v. Kent General Hospital, 487 A.2d 1142 (1984).

The date of "injury" was January 1997, and with the extra year, brings the matter to January 2000.

However, in order to get the extra year, the question then becomes "when did our writer first have symptoms, and could and should, with reasonable diligence, have discovered the problem. If she suffered with pain long before January of 2000, then she may have failed to use "reasonable diligence" to discover the malpractice. She just may be out of luck.

Thought you'd like to know, and best regards,

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 03, 2000).]
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top