Can I take legal action such as suing, if I went to a hospital for a elbow injury that needed surgery?

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Can I take legal action such as suing, if I went to a hospital for a elbow injury that needed surgery?

Now years down the road, I can see it has being wrongfully placed and it hurts and prevents me from lifting in some cases. That being said, I can’t even enter the army.

Asked on December 8, 2012 under Personal Injury, Michigan

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

It is unlikely that you can sue "years down the road."  All states have statutes of limitations that bar personal injury and medical malpractice claims after a specific period of time.  Ohio has a one year statute of limitations.  Michigan has a two year statute, as does Florida.  The statute of limitations in most states is 2 years.

Most states also have a statute of repose for medical malpractice.  These statutes bar claims if more than a certain number of years have passed after the negligent act.  Florida and Ohio have 4 year statutes of repose.  Michigan has a 6 year statute of repose.

These time limitations are quite complex to apply.  Only experienced malpractice attorneys in each specific state can say whether the time limitations have truly passed.  The important point is to contact a local attorney immediately after an injury so that all your rights can be preserved.


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