Medical Malpractice/Statute of Limitations Q&A (Answered on Avvo.com)
Is there a certain amount of time (say 1 year or 1 month) that you have to file or start a medical malpractice case? : I had surgery on my left knee, a total knee replacement. I have had problems ever since it was done. The Dr. didn’t even send me for physical therapy even though i expressed to him it was a very important part of my recovery , I was told i would have to do pt but the Dr. still disagreed. He also spoke with me about managing my pain because that was an important issue to me and I clearly spoke with him about this and was assured that would not be a problem. The reason i concerned about the pain issue was because i have numerous medical conditions that require the use of narcotic pain medication. I also expressed my concern because of the type of medication i was taking and the amount. Well now i have been told by numerous orthopedic drs that i will have to have a revision,i will need a total knee replacement again.
Bradley’s answer: It is at least 3 years. Under certain situations it can stretch to 4 years or even longer, but you need an attorney to evaluate your case before you can determine that. Also, most medical malpractice attorneys want to start reviewing a case months before the statute of limitations and may even refuse to consider taking it if you are within a few weeks.
-Bradley A. Coxe is a practicing attorney in Wilmington, NC who practices in Personal Injury, Car Accidents, Medical Malpractice, Contract and Real Estate disputes, and all forms of Civil Litigation. Please contact him at (910) 772-1678.