Legal Question in Medical Malpractice in New York
Have I missed my window of opportunity?
I underwent knee surgery in 1993, when I was 17
years of age (it is now 2001) . Unfortunately, the
surgery resulted in very painful nerve damage in
my lower legs. I had a biopsy of my nerve taken
and it was shown that the my nerves were
damaged by chemical toxins in the body. Once I
was finally feeling better my family and I contacted
a lawyer. We were told that there wasn't enough
time to prepare the case before the statute of
limitations expires. I am still experiencing
scattered bouts of pain and other effects of the
damage. I have also had to alter my lifestyle in
order to live with this problem. I have started to
think about my future and I fear that my quality of
life will be compromised even more as I grow
older because of this nerve damage. I understand
that I may have missed my ''window of
opportunity'' but I was wondering if there may be
any type of legal action I may be able to take either
(1) because I was under 18 years of age when
this happened or (2) because this is a continuing
affliction which may worsen with age.
Any comments or suggestions are greatly
appreciated.
1 Answer from Attorneys
Re: Have I missed my window of opportunity?
I received your post on 6-8-2001.
Unfortunately, I think your time was up. Usually, there is a 2-1/2 year window (statute of limitations). Even from when you reached the age of majority.
Good Luck
RRG