Is there a statute of limitations on suing for medical malpractice.

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Is there a statute of limitations on suing for medical malpractice.

My wife had a hysterectomy done vaginally and it caused intercourse to become
painful. It has caused a rift and damaged our marriage. It was ‘mentioned’ that it
could cause ‘some discomfort’ but it has basically ended that part of our
marriage. Id there a case here and how long after do you have to sue?

Asked on August 26, 2016 under Malpractice Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, the statute of limitations for a case like this would be two years from the date of the procedure. If more than time than that has passed, it may be too late to sue.
If you and your wife were told that discomfort was a possible result or outcome of the surgery, then it is not clear this would be malpractice in any event: you were warned of the side effect. When a  patient is warned about possible side effects before surgery but still goes through with the surgery, the doctor has generally fulfilled his obligations and there is typically no negligence, or unreasonable carelessness, or other violation of his duties as a doctor, and so no liability; i.e. he did what he was supposed to do, and warned about the possible consequences.


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