If I was given a misdiagnosis and had a procedure that I didn’t need as a result, am I entitled to compensation?

I had abnormal cervical cells 5 years ago. I was told I needed a uterine ablasion and tubal ligation. After some research I realized I did not have to have my tubes tied. My husband at the time had our marriage annulled because I couldn’t give him kids. I’ve met the man I plan to marry and have a long happy life with. He has no kids of his own and wants them. I feel like I was coerced and given false information. I’d like a reversal procedure and to be compensated for all I’ve gone through. Is this possible?

Asked on February 4, 2013 under Malpractice Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, even if this was malpractice, it is most likely too late for you to take legal action. There is a time limit on how long a person has to sue--and if you can't sue, you have no way to make the other party give you compensation. This time limit is called the "statute of limitations." Once it runs out, a person cannot take legal action. In your state, the time period for professional, including medical malpractice, is only 2 years, except in certain exceptional circumstances. There, it is most likely the case that you cannot seek compensation.


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