Is it too late to file a wrongful death in the case of my father that died after a surgery 7 years ago?

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Is it too late to file a wrongful death in the case of my father that died after a surgery 7 years ago?

My father had a second surgery to remove a returning benign tumor. He had the surgery, family was told all went well and he went to ICU. One surgeon said to us she didn’t know he had a titanium mesh holding up brain matter. I questioned if she had reviewed prior surgery record. She said no. Dad complained of pain in the night and that he couldn’t see. We were told he had a stroke. My dad appeared to be in a coma. He was transferred to a different hospital, put on life support against his wishes as documentation will support from previous stay.

Asked on August 24, 2012 under Malpractice Law, Missouri

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The answer to this question depends entirely on the law of your state.  Florida has a statute of repose that bars all medical malpractice lawsuits if the malpractice occurred more than 4 years ago and a wrongful death statute that requires you sue within 2 years of death.  Many states have similar provisions.  If your father died 7 years ago, I doubt that any state would permit a lawsuit now, but you should call a malpractice attorney in your state immediately to find out.  They will probably tell you right over the phone if the claim has any chance.


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