Can I file a malpractice suit for misdiagnosis of TIA that led to stroke 3 years ago?1

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Can I file a malpractice suit for misdiagnosis of TIA that led to stroke 3 years ago?1

Asked on December 23, 2014 under Malpractice Law, Massachusetts

Answers:

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

Answered 6 years ago | Contributor

I would speak with an attorney ASAP on the matter.  There is a 3 year statute of limitations on med mal claims but there is a tolling (extension) provision. The consultation should be free.   Here is the law:

In Massachusetts, any medical malpractice action for injury or death must be brought within three years after the cause of action accrued, but in no event more than seven years after the alleged act or omission occurred, except in the case of foreign object actions. Mass. Ann. Laws ch. 260, § 4 (Law. Co-op. 1992). A cause of action for medical malpractice accrues when a plaintiff learns, or reasonably should have learned, that he has been harmed as a result of the defendant’s conduct. Teller v. Schepens, 381 Mass. 621, 411 N.E.2d 464 (1980).

Good luck.


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