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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I need to know if I have a case. It has been 19 .1/2 yrs but

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I need to know if I have a case. It has been 19 .1/2 yrs but I had extenuatally circumstances. It involves my daugther's birth. The extensives files I gave them from My ob/gyn from Wash,DC and Geogetown Univesity Hospital. Sister's Hospital, the hospital in Question, did not from my knowledge look troughly, through my files. because of their neglience my daugther is extremely handicapped and will not live a along life or a productive life. Everything was fine until I had her. Ii has been a very Emotional battle, involving all aspects of family lives.

Thanks XXXXX

Thank for your question and I'm very sorry to hear about this situation.

When did you discover what the hospital did that caused your daughter's injuries?
Customer: replied 4 years ago.

I immediatly.

And this discovery was 19.5 years ago?

From my understanding, the reason that you were not able to file any sort of lawsuit is that you were prevented by the circumstances you discussed (i.e., your husband's illness, and your accident/stroke)?
Customer: replied 4 years ago.


How long after your daughter's injury did you have the accident/stroke?
Customer: replied 4 years ago.

About 3 yearsbut my son was a little bit special needs, I had to enroll him in a special pre-school, my other son needed Soft cleft palate surgery, It seemed almost every other week I was called to the hospital because of my daugther's condition.

Thank you for the further information.

The only extenuating circumstance that would qualify to pause the statute of limitations from expiring would be your incapacity because of the stroke/accident. However, if this happened three years after the incident, the statute of limitations would have already expired.

The statute of limitations is a time limit that says how long you have to bring a lawsuit. For medical malpractice causing an injury to a minor, the parent can bring a lawsuit within 2 years of the discovery of the injury caused by the medical negligence.

Unfortunately, this means that the lawyer you went to see was correct and that the statute of limitations bars you from asserting a claim.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.

I only went t a friend of my Mom's a little younger than me(also a lawyer.) She took it to a well known law firm and they sat it it for 3 1/2 yrs and did nothing about it.

When did you take it to the lawyer?
Customer: replied 4 years ago.

January - April 1994

And your daughter's injury took place in mid 1993?
Customer: replied 4 years ago.


Well, the lawyer committed malpractice by failing to file a lawsuit or do anything with the claim within the statute of limitations for the injury.

However, legal malpractice also has a statute of limitations, which is also generally two years from the date of the malpractice. If your daughter's injury took place on 12-5-93, the statute of limitations on that injury would have run on 12-5-95. Because the case was in the hands of a lawyer, the statute of limitations on the lawyers malpractice would begin to run from 12-5-95 and would end on 12-5-97.

Given that we are now over 15 years from the legal malpractice, and 19 years from the actual injury, there is nothing legally that you can do at this point.

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