I’ve had a tracheal tube for about 5 years due to medical malpractice, is it too late to do something legal about it?

I had a seizure and entered into a coma. While in that coma I wasn’t breathing so I had to be intubated and while I was being intubated my airway was scratched and since then I ve been having problems breathing. I’ve had several operations done and I due to all those operations I’ve lost my voice.

Asked on November 8, 2011 under Malpractice Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe that your physical condition that you are writing about resulted from a medical malpractice possibility more than five (5) years ago, most likely any claims that you would have for medical malpractice would be time barred by the applicable statute of limitations in your state.

Most states' time period to bring a medical malpractice claim at most are two (2) years after the incident giving rise to the claim. To be on the safe side, you might consider consulting with a medical malpractice attorney about your situation.

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