Can she still claim compensation?

UPDATED: Sep 30, 2022

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Can she still claim compensation?

My mother had terrible surgery done to her over 20 years ago. What was supposed to be removal of cartilage in the nose, ended up with them shattering my mums nose and leaving her with no bone. Then they took a huge bit of bone from her skull and put it in her nose. It has left her disfigured and psychologically damaged. I know it’s been a very long time but back then she wasn’t aware that she could sue them for their negligence. Would she have a case?

Asked on January 26, 2017 under Malpractice Law, Montana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, your mother does NOT have a case because she missed the statute of limitations.
In Montana, the statute of limitations for filing a lawsuit in a medical malpractice case is as follows: The lawsuit must be filed within three years after the date of injury or within three years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury whichever occurs last.  In no case may an action (lawsuit) be commenced more than five years after the date of injury.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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