If I was born on a military base and have had optic nerve damage has a result of the doctor using forceps on me at birth, what are my rights?

I have a mark on one side by my right eye. I just filed for disability. I’ve struggled with this my entire life; I’m a 40 year old female mom.

Asked on August 13, 2013 under Malpractice Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

From the details that you have given it is not clear that your injury consititued medical malpractice. While you suffered damage, if using forceps was medically accepted practice and there was no negligence on the part of the physician who delivered you, then you did not suffer an actionable injury. However, that having been said, there could have been negligent behavior involved.

Unfortunately, none of this matters legally at this point since there is a time limitit (the "statute of limitations") in which someone can sue another. In a malpractice claim it's typically 2-3 years after the injury occurred; in the case of a minor, an action must be brought within 2-3 years after they turn 18. Consequently, the time for you to file a lawsuit has passed.  


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