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Did this happen exactly two years ago? More than two years ago? or less than two years ago?
well they took his knee out about a year ago when the infection almost killed him
All medical malpractice actions for injury (as opposed to death) must be brought within two years from the date the cause of action accrued, which is the date of injury. Va. Code Ann. §§ 8.01-230 and 8.01-243(A) (LEXIS 2003). The Supreme Court has rejected the judicial adoption of a discovery rule, Nunnally v. Artis, 254 Va. 247, 492 S.E.2d 126, (1997), but holds that continuing treatment for the same conditions tolls the statute until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683 (1988).
So, if they did ANYTHING that would constitute something being "below the standard of care" you could sue
While infections do happen, there is always an attorney willing to find a doctor who is willing to get involved.
Stating that the infection would not have occurred but for .... (something they did)
Well they have done 3 knee surgerys on the same leg because each time they messed something up.
When you say they messed something up, do you have a doctor or other medical professional willing to admit to this? Because if so, then you would want to talk to a medical malpractice attorney in your area immediately.
If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. In a case like this, the attorney would take your case on contingency, which means that you would owe nothing out of pocket.
If they can prove that there was any kind of fraud or concealment, then the statute can be extended
ok. I appreciate your time and answers.
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