My daughter was injured as an infant, but doctors never examined her head. Now she has memory issues as an adult, can I sue the hospital for not discovering her brain injury?

Get Legal Help Today

 Secured with SHA-256 Encryption

My daughter was injured as an infant, but doctors never examined her head. Now she has memory issues as an adult, can I sue the hospital for not discovering her brain injury?

At 2 months of age my daughter sustained injury to her
head and leg. The hospital treated her broken leg but never
examined her head. Now as an adult she has memory
issues related to TBI. Can we sue the hospital to help her
now?

Asked on August 6, 2018 under Malpractice Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In your state (Iowa), there is a six-year "statute of repose" for medical malpractice cases. Even if you did not discover the injury immediately--even if you could not have discovered the injury--you cannot bring a medical malpratice case more than six (6) years after the medical treatmentor or procedure. Based on what you write, it is far too late, unfortunately, to bring a legal claim.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption