Can I still sue my doctor fo medical malpractice if it’s been 4 years ago?

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Can I still sue my doctor fo medical malpractice if it’s been 4 years ago?

I had my last child 4 years ago and afterwards my peroid stayed on longing then it should and I was filling up pads too fast. She I wait about a week and my peroid still didn’t go off and I was wondering what was wrong with me. She I started to feel cramps and they where bad! So I was going to wait until my three week check up but I couldn’t because the pain keep getting worst. So I went in and I found out that I still had peice of the plactea left in me.

Asked on June 19, 2012 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears to be too late to bring a medical malpractice action in your state. Medical malpractice generally has a short "statute of limitations," or time period within which to sue. In LA, it's one year from the injury, or one year from when the injury was discovered or should have been discovered had you been diligent (which was probably shortly after the childbirth, when you discovered your period was heavier and longer than it should have been)--but in no event more than 3 years after the injury. Since you indicate this happened 4 years ago, it appears too much time has passed.


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