Incorrectly preformed tests

UPDATED: Oct 1, 2022

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Incorrectly preformed tests

I was born with only one normal testicle; the other being undescended. My parents were not informed of this at my birth nor did they have any idea about it until I told them a while back. I discovered this when I was 12. The hospital that I was born at does a physical for newborns, why was this missed? Something like this could have been treated early on now is a serious complication. Do I have a legal case against them to recoup some of tge medical cost to get myself diagnosed? I currently do not have inssurance.

Asked on January 18, 2018 under Malpractice Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

How old are you now? Presumably you are an adult (over age 18); if so, you can only bring a medical malpractice lawsuit in your state for up to one year after you turned 18 if you were aware of the condition or potential malpractice before that (as you were). It may be too late for you to take any legal action, since once the statute of limitations (time to sue) passes, you may not bring any case or claims in court.

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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