Is there a time deadline on filing a malpractice claim against a back surgeon who put a fusion in my neck improperly two years ago? 21 Answers as of January 10, 2013

Not only do I still suffer from pain, but suffer more intense pain and increased mobility difficulties surrounding my neck.

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Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
You have two years from the date that you became aware of the malpractice to file a lawsuit.
Answer Applies to: New Jersey
Replied: 1/10/2013
Brian H. Adler, PA
Brian H. Adler, PA | Brian H. Adler
Florida Law imposes a deadline on all claims, including those for medical malpractice. This deadline is referred to as the "statute of limitations." If you do not settle your claim or initiate litigation timely, you lose your right to pursue your claim forever. The statute of limitations on medical malpractice claims is very short in Florida. You should not delay in consulting a lawyer if you want to preserve your rights.
Answer Applies to: Florida
Replied: 1/10/2013
Law Office of Vincent D. Sowerby, P.C. | Vincent D. Sowerby
In Georgia, the statute of limitations for medical negligence is two years from the date of the negligent act or omission. Of course, there are various exceptions to the rule.
Answer Applies to: Georgia
Replied: 1/10/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
The deadline to file a lawsuit for medical malpractice in New York is 30 months from the date of the malpractice. In your case, it would be counted from the date of the surgery (if necessary, you could argue that the running of the 30 months period should be counted from a later date, the last date of the continued treatment, but it is better not to risk losing this argument). You need to understand that even though the surgery did not help you, it does not automatically mean that the doctor has done something wrong and can be successfully sued for it. The case has to be discussed with a medical malpractice attorney, and he would have to consult with a physician to determine whether you have a claim.
Answer Applies to: New York
Replied: 1/10/2013
Law Offices of Sandeep G. Agarwal
Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
Yes - depending on what state you live in, the statute of limitations can run anywhere from 2 years to 3 years. I would suggest you google "statute of limitations for a medical malpractice claim in [STATE]."
Answer Applies to: California
Replied: 1/10/2013
    Michael E. Wasserman, Esq | Michael E. Wasserman
    In California the general rule for the statute of limitations is one year from suspicion of wrongdoing that occurs within three years of the manifestation of the injury. There are exceptions to the rule. The time period for arousal of suspicion can be delayed during the time of treatment with the surgeon, in other words, while you are still treating and trusting the physician, though there maybe complications your duty to investigate under the law is substantially decreased.
    Answer Applies to: California
    Replied: 1/10/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    3 years is the statute. You ought to get some good medical advice. There is no guarantee about any surgery. There is no guarantee that you will be better after surgery. Many people are not and that is not always the drs fault. You must get the opinion of a similarly trained surgeon and move forward from there. Don't delay because every body you talk to will dilly dally with such a case.
    Answer Applies to: North Carolina
    Replied: 1/10/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have three years from the date you knew or should have known you had a cause of action to file. If you must sue a charity or government entity, which is often the case with hospitals and doctors whose practice is under the umbrella of a hospital, it is two years. the date you knew or should have known is usually the date that you suspected there was a problem with the medical procedure.
    Answer Applies to: South Carolina
    Replied: 1/10/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    Yes, you have a three year statute of limitations in Washington state. There are some special rules for medical negligence, but you should act before three years to avoid those issues. You will need medical testimony establishing that the surgeon did not adhere to the standard of care in the community, as opposed to, just a bad outcome. You should find an experienced medical malpractice attorney as these cases are very difficult.
    Answer Applies to: Washington
    Replied: 1/10/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Yes! See a lawyer immediately to discuss further!
    Answer Applies to: Illinois
    Replied: 1/10/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    North Carolina has a three-year statute of limitations within which suit must be filed. The underlying facts may affect the date when the three years starts to run, so it would be advisable to consult an attorney as soon as possible. In addition, a review by a qualified expert is required before suit may be filed, so it is important to start the investigation process as soon as possible.
    Answer Applies to: North Carolina
    Replied: 1/10/2013
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    It depends upon the state you are in. In Arizona, the time limit for a medical malpractice claim is 2 years from the date of injury, or the date you reasonably became aware of the malpractice. Showing the second part can sometimes be difficult. I would suggest you contact an attorney who specializes in medical malpractice right away, as your window in which to file your claim might be closed or will close shortly. Good luck to you.
    Answer Applies to: Arizona
    Replied: 1/10/2013
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    I cannot comment on whether you do have a medical malpractice case against your back surgeon as you do not provide any information as to how the surgeon committed malpractice. To answer your question, the Statute of Limitations in Nebraska for medical malpractice is 2 years from the date of the malpractice. There are a couple of things that can extend this period, such as if you were a minor or did not learn about the malpractice within the 2 year time period. Without knowing more I cannot answer whether you might have more than 2 years from the date of your surgery. You should talk to a medical malpractice attorney as soon as possible, as you indicate the surgery was 2 years ago, to learn more about your rights and options.
    Answer Applies to: Nebraska
    Replied: 1/10/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The statute of limitations is 2 1/2 years after the date of the last treatment. But there is a lot more that you haven't asked.
    Answer Applies to: New York
    Replied: 1/10/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    In general, you have 2 years from the date of the surgery. There may be facts that might give you a little more time but if it has been 2 years you should see and attorney asap as you are likely out of time or close to it.
    Answer Applies to: Georgia
    Replied: 1/10/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The statute of limitations in New York State for malpractice is 2 1/2 years. IF you wish to proceed you must act promptly because the attorney will need time to do an investigation.
    Answer Applies to: New York
    Replied: 1/10/2013
    The Law Firm of Stephen M. Reck, LLC
    The Law Firm of Stephen M. Reck, LLC | Scott D. Camassar
    In CT you have two years from the date of incident.
    Answer Applies to: Connecticut
    Replied: 1/10/2013
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