How long after malpractice can you sue?
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How long after malpractice can you sue?
I had a work injury 9 years ago for which I received workers compensation. I also sued the company that was at fault. I settled my case with them. I had back surgery a year later. The doctor who performed the procedure clipped my sciatic nerve and told me in recovery room I may have problems with my lower extremities. Well I have neuropathy and fiber maralga. Has statue of limitations ran out for me? Also is there any way of to reopen case against place where accident happened? Or is there something I can do against my attorneys for not getting me what they should have for life long problems?
Asked on January 18, 2016 under Malpractice Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In your state, the statute of limitations, or time period within which you must file or initiate a lawsuit, for medical malpractice is three yeas after the injury. d on what you write, it is years too late for a medical malpractice claim. The statute of limitations for legla malpractice is 6 years after the alleged malpractice, which also means that you are probably, based on your description of the time line, too late to sue your attorneys. In addition, it's not malpractice if an attorney failed to get you the most possible money--especially if the extent of the injuries or impairment was not fully known at the time. Rather, it is only malpractice if the attorney was unreasonably careless, failed to communicate with you or get your consent, or otherwise failed to reasonably represent your interests. But if you agreed to a settlement, your act of agreeing will usually mean that the attorney's actions were not malpractice, since you consented to them and thereby showed that you felt that the attorney was adequately representing your interests.
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