Is their any hope to sue for medical malpractice now that our son is 15 and injury happened at birth?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is their any hope to sue for medical malpractice now that our son is 15 and injury happened at birth?
siderat6emonthsandithasbeensuchastugglepast15
ysonandoffevenhavinghealthcareasmygusmadeover
amounttiqyalify
Asked on April 20, 2017 under Personal Injury, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is highly unlikely that you could successfully sue at this point. First, there is something called a "statute of limitations," which defines how long you have to sue. If you wait too long, you may not bring a lawsuit. The statute of limitations, or SOL, varies by what you are suing for and state, but in Arizona, for example, for medical malpractice, it is only two years after the injury, or at most two years after the injury occured. After 15 years, it is almost certainly too late: while there are some theories or concepts that can "toll," or extend, the SOL, they are unlike to extend it this long.
Second, after so much time, as you are discovering, it is very unlikely that you can find the evidence and records you need to successfully bring a lawsuit. Without sufficient evidence, there is no point in suing--you would not be able to win your case.
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.