Legal Question in Medical Malpractice in Indiana
5.5 years ago I underwent a blepharoplasty. Ever since then, I have suffered so much from dry eyes that I have spent thousands at the opthamologist. I understand that dry eyes can be a complication, but my problem is compounded by the fact that my eyes don't close all the way when I sleep. Even though this much time has passed, is it too late for me to seek recompense from the surgeon?
2 Answers from Attorneys
Medical malpractice cases must be filed within two years as a general rule.
You have two years from from the time you discovered or reasonably should have discovered that there was some problem with the surgery. There is an exception if the doctor continued to treat you and led you to believe that nothing was wrong or if he continued to commit medical negligence during this continued treatment. These are limited exceptions that the courts generally do not apply liberally.
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