If I'm 21 years old can I sue for a malpractice that happened at birth? 12 Answers as of July 09, 2014When I was born my right arm was hurt. My parents where never told how I had to have an extensive amount of skin graphs and my tendons are damaged and the hospital got rid of all records including my birth. Can I still sue?
Elhart & Horvath, P.C. | Mattias Johnson
Probably not. The statute of limitations for a medical malpractice claim in Michigan is 2 years from the date of injury or the date that the injury should/could have been discovered. From the language in your question it seems that your parents knew about the injury at the time of your birth and a suit should have been instituted within 2 years after your birth.
Answer Applies to: Michigan
Paul Whitfield and Associates P.A. | Paul L. Whitfield
YOU HAD 3 YEARS FROM YOUR 18TH BIRTHDAY. I ASSUME YOU ARE TOO LATE. AND IF THE RECORDS ARE NON EXISTENT HOW CAN YOU PROVE ANYTHING? WANT TO GUESS AT A VERDICT? WOULD KICK YOU OUT OF COURT QUICKLY.
Answer Applies to: North Carolina
Hupy and Abraham, S.C. | Amanda Pirt Meyer
Hello, First, your question might be better directed to an attorney that specializes in medical malpractice law, as your question goes to that area rather than to personal injury law. Should you have more specific questions regarding a medical malpractice claim, I urge you to consult with an attorney who practices that area of law in the area where your injury occurred, as there may be specific laws that apply in that jurisdiction. In answer to your primary question, regarding your ability to bring a claim as a 21-year-old will be guided by the statute of limitations laws in the state where your injury occurred. For example, I practice law in Wisconsin, and the statute of limitations (time period in which a claim must be asserted) in Wisconsin that pertains to medical malpractice issues is outlined in Wisconsin Statutes ? 893.58(1m) and 893.56. The first statute provides that actions must be brought within 3 years of the date of injury, or within 1 year of the date of discovery. The second states that any action brought for an injured minor must follow the first requirements (within 3 years of the date of injury, or within 1 year of the date of discovery) or it can be initiated by the time the minor reaches age 10, whichever is later. There are special circumstances for some minors with disabilities. So then, in Wisconsin you would not be able to bring a claim at this time because of these laws, barring any unmentioned special circumstances. I hope this is helpful to you. Again, if your injury occurred in a jurisdiction other than Wisconsin, I urge you to contact an attorney in that specific jurisdiction.
Answer Applies to: Wisconsin