Legal Question in Medical Malpractice in Massachusetts

Re: Undiagnosed Hip Displacia

There is no cut and dried answer to your question.

The general rule is that the statute of limitations begins to run when the reasonable person in the same situation as you discovered, or should have discovered, the possibility of a legal claim relating to the condition. In your case, that could be any of the critical times you mention, depending on what you knew or should have known, based on prior medical treatment and any other relevant factors.

From your description, it appears you probably have at least an argument (perhaps even a strong one) that you discovered the possibility of claims for dysplacia only recently, when you were so diagnosed. If the diagnosis escaped the medical professionals until now, how then were you supposed to have figured out the condition on your own? Whether or not you sought a second opinion at the time of the tendonitis diagnosis is not necessarily determinative. That analysis would also depend on the surrounding circumstances.

My problem with your case, based on the description, is more causation-based and damages-based. Who are you claiming was negligent and what are the resulting damages? Assuming you're thinking about a missed diagnosis claim, you say you were born with the condition, so your damages would be limited to the 10 year period from the mis-diagnosis (unless you were mis-diagnosed previously as well).

Additionally, any damages would be limited to those "caused" by the 1996 misdiagnosis, and would *not* compensate you for the fact that you have the condition. Any damages would likely be limited to the difference between living with the condition untreated (as you have been for the past 10 years) and the quality of your life had you been properly diagnosed and treated 10 years ago. That damages analysis would entirely depend on the facts and circumstances around how well the condition can be managed and corrected through proper treatment. Then a monetary value would be placed on the quality of life difference you've suffered these last 10 years since the misdiagnosis. To me, that is where you will have a tougher legal fight. The fact that you were born with the condition will be a stubborn (but not insurmountable) hurdle.

Feel free to contact me for a free initial consultation to discuss the surrounding circumstances in more detail.