What to o if an orthopedic surgeon severed my quadricep muscle in my knee in an attempt to do a procedure called a “lateral release” when I was 14 years old?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to o if an orthopedic surgeon severed my quadricep muscle in my knee in an attempt to do a procedure called a “lateral release” when I was 14 years old?

Do I have a medical malpractice suit against the doctor that performed surgery on my knee when I was a minor and have just found out it can’t be fixed?

Asked on August 17, 2012 under Malpractice Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I am not a medical malpractice expert--and usually do not practice in this area, but here is what I can tell you:

California is a really pro-doctor state.  Our statute of limitations is really pretty short.  A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5. 

However, there may be tolling (deferral) of the start of the statute of limitations until you were 18.  Even if tolling is allowed in this case, you would only have one year from the date you turned 18.  Or if you are able to claim that you discovered the negligence when you were 20 years old or older--and the statute of limitations is also tolled, then you would lose the right to sue when you are 21. 

Bottom line: Contact a medical malpractice/personal injury lawyer and run this case by them.

Best of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption