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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13861
Experience:  Experienced in multiple areas of the law.
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Are there any exceptions to the statute of limitations for

Customer Question

Are there any exceptions to the statute of limitations for medical malpractice? I had three back surgeries, two in 1999, and again 2000. I had titanium hardware placed inside of me. I was allergic to it. It was subsequently removed. I spent a year and a half lying in a hospital bed at home, because no hardware was holding me together. I was told it could take 5 or more years to fully recover. I was given massive amounts of pain meds. How is a person suppose to even know something was not right or have the ability to even act when medicated like this? Here I am 16 years later. I lost everything. My job, my home, my car and worst of all my life. I cannot even have a relationship due to the physical inability to "have a relationship". I don't understand why I don't have the right to be compensated when doctors stole my life.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I should have included, I am on permenant Soc. Security disability. I haven't been able to work since the surgeries. I endured horrific pain ....much worse than even before the surgeries. Truly, it has been a nightmare.
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. While I sympathize with where you are coming from, legally, the statute of limitations would not extend that far. There are exceptions allowed in the law sometimes for situations involving minors, and typically the law allows for somewhat of a delay where a plaintiff may not discover that they were injured right away (such as in the case of a plaintiff who years later learns they had a medical device left in them), but nothing that would extend 16 years out. Statutes of limitations are actually designed to protect defendants, because the law expects that plaintiffs will bring a case forward within a reasonable period of time. Additionally, a defendant may find it difficult to defend a claim fairly if an extended period of time has passed. Lastly, our system of justice is set up in such a way that a defendant isn't held to "on the hook" indefinitely. It's not a perfect system, and again, I understand where you are coming from, but the system is designed to try to create a balance that is fair to both plaintiffs and defendants. If you tell me what state you are in, I can tell you specifically what the statute of limitations is. If you need clarification or additional information, please reply and I'm happy to assist further.
Expert:  RobertJDFL replied 1 year ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.