Can I take legal action if about 10 years ago I saw an orthopedist who misdiagnosed my ankle issues?

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Can I take legal action if about 10 years ago I saw an orthopedist who misdiagnosed my ankle issues?

He said it was just arthritis, at 22 years old, and there wasn’t much to do. I went back to him once or twice and then dealt with the pain on my own. Last year, I couldn’t walk on this ankle and saw another ortho with the old mris. He said the diagnosis was wrong and should’ve been addressed differently. My ankle is a disaster and I have had 2 surgeries in the past 2 years in hopes to save what is left of the joint. Is there a way to sue the doctor that misdiagnosed me even though it’s way out of the timeframe for legal action?

Asked on November 1, 2014 under Malpractice Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for the situation.  The Statute of Limitations for an action alleging medical malpractice is two and a half years in New York. But there are two exceptions that "toll" or extend the statute of limitations.  These are known as the continuous treatment rule and the discovery rule.  I urge you to speak with an attorney for a consultation as soon as possible.  Good luck.


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