What to o if an orthopedic surgeon severed my quadricep muscle in my knee in an attempt to do a procedure called a “lateral release” when I was 14 years old?
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What to o if an orthopedic surgeon severed my quadricep muscle in my knee in an attempt to do a procedure called a “lateral release” when I was 14 years old?
Do I have a medical malpractice suit against the doctor that performed surgery on my knee when I was a minor and have just found out it can’t be fixed?
Asked on August 17, 2012 under Malpractice Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
I am not a medical malpractice expert--and usually do not practice in this area, but here is what I can tell you:
California is a really pro-doctor state. Our statute of limitations is really pretty short. A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5.
However, there may be tolling (deferral) of the start of the statute of limitations until you were 18. Even if tolling is allowed in this case, you would only have one year from the date you turned 18. Or if you are able to claim that you discovered the negligence when you were 20 years old or older--and the statute of limitations is also tolled, then you would lose the right to sue when you are 21.
Bottom line: Contact a medical malpractice/personal injury lawyer and run this case by them.
Best of luck.
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