If I had a knee replacement 4 years ago, can I sue for malpractice or have I gone beyond the statute of limitations?

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If I had a knee replacement 4 years ago, can I sue for malpractice or have I gone beyond the statute of limitations?

I had 3 knee replacements in an 18 month period of time, each one was to correct a problem from the total knee replacement prior. The last one was done 4 years ago. I have been in pain since that last one and continue to increase. Had xrays done last month and showed that the knee cap is sitting completely to the side of my knee, not where it is suppose to be which is in the middle of my knee.

Asked on August 3, 2015 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, too much time has gone by, based on what you have written. The statute of limitations, or time within which to sue, for medical malpractice in your state is 2 years. It can be extended if--and only if--you could not discover there was a problem at first; but you write that you had "been in pain since that last one" 4 years ago, which means that you had reason to get examined or X-rayed years ago, and no reason you had to wait. Under those circumstances, the court would most likely conclude that the statute of limitations has expired.


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