Do they have to pay if I am injured and never took care of me rightly?

UPDATED: Oct 1, 2022

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Do they have to pay if I am injured and never took care of me rightly?

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tal Thyroidectomy 2007, no cancer, lots of nodules. I have something wrong with my voice. Had therapy way back, went home with exercises, did help with voice weakness. I have mentioned a few times to endocrinologist of my outside of throat being numb. Now I am having episodes of difficulty swallowing, and cannot scream and lost my voice for singing. Used to love to sing karaoke. Anyways they finally are sending me after all these years to see a specialist, go figure, to see what is happening because it feels like my throat is closing up at times. I was not told of voice problems occurring from this surgery, and was told by my doctor at that time everything would take awhile to come back and I believed him. Now, this year it’s getting so I can’t swallow very well, choke on certain foods, and no feeling in front of my neck. It keeps getting worse. I have no clue what is happening and why. Do I have any recourse?

Asked on September 1, 2017 under Malpractice Law, Vermont


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is too late to sue. In your state, a medical malpractice case must be brought within 3 years of the medical procedure, or 2 years of when you did, or reasonably would have have been able to, discover the problem. (This is the "statute of limitations" for medical malpractice in your state.) You had the surgery 10 years agao and have been aware of problems "way back" and "after all these years"--therefore, you evidently had warning of possible problems more than 2 years ago. That means, unfortunately, it is no too late to take legal action.

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