Is too late to file a lawsuit if it’s been 14 months since the incident?

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Is too late to file a lawsuit if it’s been 14 months since the incident?

After a botched vasectomy, my testicle swelled to the size of a basketball. I went to the hospital where it was discovered the doctor had cut an artery and I was bleeding internally. I underwent emergency surgery and spent the night in the hospital. I missed 2 weeks of work. Also, I was a marathon runner but was not able to run for almost a year.

Asked on December 9, 2012 under Personal Injury, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You should consult a California medical malpractice lawyer immediately if you are serious about pursuing a claim.  I do not practice in California but understand the statute of limitations to be 1 year.  There may be some exceptions, so you should act immediately.

Don't be surprised if lawyers tell you to forget about this.  Medical malpractice cases are very expensive and difficult to win.  Therefore, lawyers have to decline most cases as they are unlikely to recover enough money to benefit the injured person.  In your case, it sounds like you recovered well although not quickly.  Your potential recovery may not be worth the cost of bringing a suit.


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