Could I have a case if my medical condition was not diagnosed as a teenager so I have additional medical issues now?

UPDATED: Sep 30, 2022

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Could I have a case if my medical condition was not diagnosed as a teenager so I have additional medical issues now?

As a teen I had some medical issues that seemed to be unexplained. I was told nothing was wrong, tests were normal, drink more water, exercise, eat better and you’ll be fine. After changing doctors, I found out I was severely anemic and found they despite having abnormal tests results, my previous doctors said nothing. I had also suffered severe constipation my whole life. Those doctors never did anything and basically ignored it all together, telling me eat better, have more fiber, etc. My new doctor had sent me to a gastro doctor and I had a colonoscopy. They said it was clear and sent me on my way, never resolving my issues. Fast forward 2 years and I found out that due to all the years of straining, at the age of 21, all my pelvic organs were prolapsed. Now I am 24 and facing a surgery, which will include a hysterectomy, in the next couple years

to repair all the damage. I was told by my doctor that had my childhood doctors and gastro doctor took me serious and didn’t dismiss me, I would not be going through all of this at such a young age. They could’ve prevented all of this had they done something. I have spent thousands of dollars as an adult to have more tests and another colonoscopy to find out the simple, treatable cause of my constipation, as well as battling to fully recover from the severe anemia that they ignored.

Asked on December 31, 2016 under Malpractice Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you wish to explore compensation, speak to a medical malpractice attorney IMMEDIATELY, before any more time goes by--it may already be too late, but if not, you do not want more time to lapse. Under the statute of limitations in your state, a medical malpractice action must be filed within the *shorter* of 3 years from when you discover (or reasonably should have known of or discovered) that there was a problem, or 5 years from when the malpractice was done. If you are 24 but knew of the problem when you were 21, that's already 3 years  after when you discovered the problem; if you treated as a teen, it may well be more than 5 years from the malpractice. Therefore, you may already be out of time, but if not, you want to start a lawsuit as soon as possible--once you are out of time, you cannot file a lawsuit, no matter how good your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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