Q&A: Time to file law suit of medical malpractise?
Posted by: in Cataract Surgery, tags: file, malpractise, Medical, suit, timeQuestion by X: Time to file law suit of medical malpractise?
My father recently received cataract surgery and the doctors said that his right eye will clear up, but it hasn’t for longer than they said. In short they made a fault and my father made 2500 for the surgery out of his pocket and 6000 for the insurance company to pay. We decided that if his eye doesn’t clear up in a couple of weeks we will consult a lawyer for a lawsuit. I was wondering generally for whoever knows, what is the average time we have before our claim is invalid, or how much do we have until we can file the claim? My father received the surgery in August and late July, for both his eyes, however one eye sees far and the other near. They said to change it may be more risky and he might lose his sight. So we decided to not change it. So how long do we have? Thank you, all answers are appreciated, thanks for the help.
Best answer:
Answer by Dan L
Doesn’t sound like medical malpractice to me. No lawyer is going to touch that case.
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December 13th, 2011 at 5:52 am
It’s different for each state.
Here’s a link
http://www.statutes-of-limitations.com/
December 13th, 2011 at 5:55 am
It differs by state but is usually 2 or 3 years. It does not sound like you have a case. Med mal means the doctor made a mistake and you were harmed by it. An unsucessful operation is not necessarily malpractice. Moreover, it’s far too early to make a determination.
December 13th, 2011 at 5:57 am
Hopefully both eyes weren’t done together. Cataract surgery is removing the lens from the eye and replacing it with an artificial one. Don’t confuse it with Lasix. Lasix reshapes and works to correct the vision. You’ll probably want to get another opinion since most doctors will repeat the surgery. He may also be one of the few that has complications. Also, it’s probably better that he wears glasses to correct his vision; without cataract surgery, he eventually would have gone blind.