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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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