Suing for hip dysplasia

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Suing for hip dysplasia

My son is 28 years old and needing both hips replaced. He had surgeries on both at the age of 15. The orthopedic doctor said it should of been caught at birth and was not He is only 28 now and has suffered tremendously. Is it to late to sue?

Asked on May 21, 2018 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would be too late: the statute of limitations (time within which to bring a medical malpractice suit; if a lawsuit is not filed within this time, it cannot be filed) in your state is 2 years from the malpractice or within 6 months of when it was or should have been discovered. If he had surgery on his hips at age 15, they knew of the problem then and the lawsuit should be have filed (by you as his parent/legal guardian, for him) at that time; 13 years after that, he cannot sue--it is too late.


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