Legal Question in Medical Malpractice in Pennsylvania
Medical Malpractice and Statute of Limitations
Hello,
I had surgery on my spine at c5-c6 level, Iit was a spinal fusion with donor bone graph and plate and screws for stability. In the 3 months following surgery I progressively got weaker to the point of not being able to walk more than 150yards without resting, and I walk much slower than normal. I had the surgery because I lost feeling in my outer 3 fingers of my left hand, I had no problems walking prior to surgery. The surgery took place on 3/21/03. What do you think of a case? What are the statute of limitations? I have been unable to work since this, Taking Neurontin, Ultracet, Zanaflex, and Elavil, daily for this.
Thanks
1 Answer from Attorneys
Re: Medical Malpractice and Statute of Limitations
If you wish to file a claim - you need to start TODAY looking for an attorney who is willing discuss your situation.
There is a two year statute of limitations to file a case. Usually the two years would start from the date of the surgery, though there are special circumstances that this date can be extended.
If an attorney were to take your case, he would want to file it by March 21, 2005. He may be able to file later than that, but he will face serious problems and it is very likely (but not certain) that any case filed after March 21, 2005 will be thrown out for being past the Statute of Limitations.
It MAY be possible to file a case later than March 21, 2005, but it will be a lot more work, and there will remain likely that the case will be thrown out. BOTTOM LINE - The Value of the case for any attorney who would files it on March 22 will be MUCH less than the value on March 21.
From what you have said, there MAY have been malpractice. I would NOT be the person to get involved with this case because I do not have enough information to justify my involvement and filing suit in the short time you have.
BUT an attorney who is experienced in this particular kind of case MAY be willing to do your case.
If you wish to pursue a claim you need to start TODAY looking for an attorney who will discuss your case.
The way to do that is, TODAY, to go to the Yellow Pages and any other sources and start calling around to explain your situation, including the dates, and ask �Will they talk to you?� You should be prepared to make MANY calls.
I�m sorry to hear of your situation.
Best of luck to you.