Can she still claim compensation?

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Can she still claim compensation?

My mother had terrible surgery done to her over 20 years ago. What was supposed to be removal of cartilage in the nose, ended up with them shattering my mums nose and leaving her with no bone. Then they took a huge bit of bone from her skull and put it in her nose. It has left her disfigured and psychologically damaged. I know it’s been a very long time but back then she wasn’t aware that she could sue them for their negligence. Would she have a case?

Asked on January 26, 2017 under Malpractice Law, Montana

Answers:

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

Answered 4 years ago | Contributor

Unfortunately, your mother does NOT have a case because she missed the statute of limitations.
In Montana, the statute of limitations for filing a lawsuit in a medical malpractice case is as follows: The lawsuit must be filed within three years after the date of injury or within three years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury whichever occurs last.  In no case may an action (lawsuit) be commenced more than five years after the date of injury.


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