Can I take legal action if about 10 years ago I saw an orthopedist who misdiagnosed my ankle issues?

UPDATED: Nov 1, 2014

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Can I take legal action if about 10 years ago I saw an orthopedist who misdiagnosed my ankle issues?

He said it was just arthritis, at 22 years old, and there wasn’t much to do. I went back to him once or twice and then dealt with the pain on my own. Last year, I couldn’t walk on this ankle and saw another ortho with the old mris. He said the diagnosis was wrong and should’ve been addressed differently. My ankle is a disaster and I have had 2 surgeries in the past 2 years in hopes to save what is left of the joint. Is there a way to sue the doctor that misdiagnosed me even though it’s way out of the timeframe for legal action?

Asked on November 1, 2014 under Malpractice Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  The Statute of Limitations for an action alleging medical malpractice is two and a half years in New York. But there are two exceptions that "toll" or extend the statute of limitations.  These are known as the continuous treatment rule and the discovery rule.  I urge you to speak with an attorney for a consultation as soon as possible.  Good luck.

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