Can I file a lawsuit for medical negligence for failure to diagnose and/or treat severe scoliosis that was first noticed when I was a teenager?

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Can I file a lawsuit for medical negligence for failure to diagnose and/or treat severe scoliosis that was first noticed when I was a teenager?

I am 53 years old and have a huge curve in my spine and severe pain which makes it impossible for me to work or have a social life.

Asked on September 1, 2015 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is far to late to sue. You say that it was first noticed when you were a teenager, but you are now 53 years old if by "teenager" you mean, say, 15, that was 38 years ago. No statute of limitations or time within which you must sue for medical malpractice in any state is anywhere near that long, and you Louisiana, for example, the statute of limitations is only 1 year from when the medical negligence occured or, at most, 1 year from when the injury either was in fact noticed or reasonably should have been noticed. If you have a huge spinal curve at age 53, you've known you have a spinal problem for many, most, or even all of those approximately 38 years, and it would be far to late to sue.


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