If I was born on a military base and have had optic nerve damage has a result of the doctor using forceps on me at birth, what are my rights?

UPDATED: Aug 13, 2013

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If I was born on a military base and have had optic nerve damage has a result of the doctor using forceps on me at birth, what are my rights?

I have a mark on one side by my right eye. I just filed for disability. I’ve struggled with this my entire life; I’m a 40 year old female mom.

Asked on August 13, 2013 under Malpractice Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From the details that you have given it is not clear that your injury consititued medical malpractice. While you suffered damage, if using forceps was medically accepted practice and there was no negligence on the part of the physician who delivered you, then you did not suffer an actionable injury. However, that having been said, there could have been negligent behavior involved.

Unfortunately, none of this matters legally at this point since there is a time limitit (the "statute of limitations") in which someone can sue another. In a malpractice claim it's typically 2-3 years after the injury occurred; in the case of a minor, an action must be brought within 2-3 years after they turn 18. Consequently, the time for you to file a lawsuit has passed.  

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 AttorneyPages.com 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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