Medical Malpractice

Is it too late to pursue my case for medical malpractice?

I was diagnosed with cerebral palsy due to medical malpractice at birth. It is a permanent condition that truly affects my daily life. I am now 28 years old. Is it too late to take legal action?

Public Comments

1. 28 years on, it probably is. Also, you'd need to show that the cerebal palsy was caused by medical incompetence and you wouldn't have got it otherwise. I don't know enough about the specifics of your case to tell you you chances of that happening.
2. That would depend on the state you are in and whether it has a discovery clause and whether you are still within the timeframe of discovery. (date diagnosed) Consult with an attorney.
3. Yes, it is. You can try calling a local attorney, but at best you can usually only bring suit until you are 21. Look up medical malpractice attorneys in your state (because the rules vary by state) and ask them. Sometimes it can be changed based on when you found out what happened - but that usually only applies to when something is left inside you during surgery or something. And then it's only a year after you find out, usually.
4. Almost definitely yes. In most states, you only have until 2 years after your 21st birthday to file a malpractice claim on your own behalf. consult an attorney in the state in which you were born, but I don't hold out much hope. Sorry.
5. The statue of limitation varies form state to state on med mal. First you should consult with a good atty .IN SOME STATES if the med mal occurred while you were a minor the statue of limitations is delayed until you reach legal adulthood. However, it is typical that the statue of limitation ranges from 1 - 5 yrs. from when the med mal occurred.
6. It 100% will depend on state laws, the state your were born in, of course. It certainly cannot hurt to speak with a medical malpractice attorney, they will be the ones to give you the best advice. Most will offer you a free consult so you really don't have anything to lose.