Can I sue for negligence or malpractice?

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Can I sue for negligence or malpractice?

Hello,

I was born in 95 6 weeks premature with uni coronal craniosynostosis a
premature fusion of the right coronal skull suture. Moments after birth my
mother noticed I had a cone shaped bone at the side of my forehead. When she
asked the doctor about it, he said it was normal and would smooth itself out
and was nothing to be looked into. I am now 20 years old and my skull and face
are slightly deformed and causing me severe emotional distress. I have been to
a craniofacial surgeon, and he told me the deformity was caused by untreated
craniosynostosis and I would have to undergo an expensive facial reconstruction
surgery to fix it. What I am wondering is, do I have a case here? It sounds
like negligence to me.

Thanks,
Chris

Asked on September 30, 2016 under Malpractice Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
The problem with a malpractice case at this time is the statute of limitations. 
A lawsuit has to be filed prior to the expiration of the statute of limitations or the case is barred.
The statute of limitations in Michigan is two years from when the malpractice occurs or within six months after you discovered or should have discovered the existence of the claim.
Regardless of when you discovered the malpractice, if it occurred more than six years before the filing of the lawsuit, the case is barred under Michigan's statute of limitations.
Although it is possible to extend the six year statute of limitations since you were a minor when this occurred, it is unlikely it would be extended this long; however, it would be advisable to discuss that with a Michigan medical malpractice attorney.  You can contact your County Bar Association for a referral to a medical malpractice attorney in your area.


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