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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32321
Experience:  Began practicing law in 1992
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HAD SURGERY IN 2/2014 PROBLEM. WHILE IN SURGERY

Customer Question

hAD SURGERY IN 2/2014 FOR THROAT PROBLEM. WHILE IN SURGERY THE DOCTOR CUT MY VOCAL CORDS DURING THE PROCEDURE. AFTER SURGERY WENT BACK TO DR FOR SEVERAL VISITS AND HE WOULD NOT SEE ME. ONLY THE PA WOULD SEE ME.
MY OTHER DOCTORS I VISITED TOLD ME I WOULD PROBABLY NEVER TALK AGAIN. I HAVE REGAINED LIMITED VOICE ACTION BUT AM IN PAIN FOR SOME REASON IN MY NECK BEHIND WHERE THE SURGERY WAS DONE. I STILL CAN'T TALK AND AM IN CONSTANT PAIN. I HAVE TRIED TO REACH OUT TO THE DOCTOR THAT DID THE SURGERY FOR EXPLANATIONS, BUT HE IS UNAVAILABLE.
MY QUESTION IS, DO I STILL HAVE TIME THAT I CAN FILE AGAINST HIM. WHERE SHOULD I BEGAN? WILL THE DOCTOR THAT DID THE SURGERY BE REQUIRED TO LET ME HAVE MY RECORDS OF OPERATING PROCEDURES, AS OF NOW HE HAS NOT PROVIDED THEM.
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.
The statute of limitations in MS for medical malpractice is either two or seven years, depending on the facts. This is covered by statute 15-1-36 which you can see at http://www.lexisnexis.com/hottopics/mscode/ However, that website is a little hard to navigate sometimes so I'm going to insert the language below: § 15-1-36. Limitations applicable to malpractice action arising from medical, surgical or other professional services. (1) For any claim accruing on or before June 30, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered.(2) For any claim accruing on or after July 1, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered, and, except as described in paragraphs (a) and (b) of this subsection, in no event more than seven (7) years after the alleged act, omission or neglect occurred: (a) In the event a foreign object introduced during a surgical or medical procedure has been left in a patient's body, the cause of action shall be deemed to have first accrued at, and not before, the time at which the foreign object is, or with reasonable diligence should have been, first known or discovered to be in the patient's body. (b) In the event the cause of action shall have been fraudulently concealed from the knowledge of the person entitled thereto, the cause of action shall be deemed to have first accrued at, and not before, the time at which such fraud shall be, or with reasonable diligence should have been, first known or discovered.(3) Except as otherwise provided in subsection (4) of this section, if at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the person to whom such claim has accrued shall be six (6) years of age or younger, then such minor or the person claiming through such minor may, notwithstanding that the period of time limited pursuant to subsections (1) and (2) of this section shall have expired, commence action on such claim at any time within two (2) years next after the time at which the minor shall have reached his sixth birthday, or shall have died, whichever shall have first occurred.(4) If at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the person to whom such claim has accrued shall be a minor without a parent or legal guardian, then such minor or the person claiming through such minor may, notwithstanding that the period of time limited pursuant to subsections (1) and (2) of this section shall have expired, commence action on such claim at any time within two (2) years next after the time at which the minor shall have a parent or legal guardian or shall have died, whichever shall have first occurred; provided, however, that in no event shall the period of limitation begin to run prior to such minor's sixth birthday unless such minor shall have died.(5) If at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the person to whom such claim has accrued shall be under the disability of unsoundness of mind, then such person or the person claiming through him may, notwithstanding that the period of time hereinbefore limited shall have expired, commence action on such claim at any time within two (2) years next after the time at which the person to whom the right shall have first accrued shall have ceased to be under the disability, or shall have died, whichever shall have first occurred.(6) When any person who shall be under the disabilities mentioned in subsections (3), (4) and (5) of this section at the time at which his right shall have first accrued, shall depart this life without having ceased to be under such disability, no time shall be allowed by reason of the disability of such person to commence action on the claim of such person beyond the period prescribed under Section 15-1-55, Mississippi Code of 1972.(7) For the purposes of subsection (3) of this section, and only for the purposes of such subsection, the disability of infancy or minority shall be removed from and after a person has reached his sixth birthday.(8) For the purposes of subsection (4) of this section, and only for the purposes of such subsection, the disability of infancy or minority shall be removed from and after a person has reached his sixth birthday or from and after such person shall have a parent or legal guardian, whichever occurs later, unless such disability is otherwise removed by law.(9) The limitation established by this section as to a licensed physician, osteopath, dentist, hospital or nurse shall apply only to actions the cause of which accrued on or after July 1, 1976.(10) The limitation established by this section as to pharmacists shall apply only to actions the cause of which accrued on or after July 1, 1978.(11) The limitation established by this section as to podiatrists shall apply only to actions the cause of which accrued on or after July 1, 1979.(12) The limitation established by this section as to optometrists and chiropractors shall apply only to actions the cause of which accrued on or after July 1, 1983.(13) The limitation established by this section as to actions commenced on behalf of minors shall apply only to actions the cause of which accrued on or after July 1, 1989.(14) The limitation established by this section as to institutions for the aged or infirm shall apply only to actions the cause of which occurred on or after January 1, 2003.(15) No action based upon the health care provider's professional negligence may be begun unless the defendant has been given at least sixty (60) days' prior written notice of the intention to begin the action. No particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered. If the notice is served within sixty (60) days prior to the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended sixty (60) days from the service of the notice for said health care providers and others. This subsection shall not be applicable with respect to any defendant whose name is ***** ***** the plaintiff at the time of filing the complaint and who is identified therein by a fictitious name.
Expert:  Dwayne B. replied 8 months ago.
The important part is section (2). Essentially it gives you two years to file the medical malpractice action unless the doctor did something to hide the malpractice from you. Since you appear to be a month or more over the statute of limitations you will want o immediately go and visit with a lawyer that does medical malpractice work and let them interview you to see if there is anything the doctor did that could be construed as the doctor committing fraud and trying to hide the condition from you. The lawyer will likely want to go ahead and send the 60 day later discussed in the statute anyway.
Expert:  Dwayne B. replied 7 months ago.
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