how long after a surgery can you take legal action is something was done weong?

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how long after a surgery can you take legal action is something was done weong?

Had knee surgery and a procedure was
done that I was not aware of until
after the surgery an now I need a knee
replacement.

Asked on April 20, 2017 under Malpractice Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

All legal action must be commenced within the statutory period prescribed by state law; this is known as the "statute of limitations". In TN, the statute of limitations for medical malpractice cases is 1 year. That typically means 1 year from the date on which the alleged malpractice occurred, however in some cases the “clock” doesn’t start running right away. Therefore, if the injury is not discovered within that 1 year period, the statute of limitations period beings to run on the date on which the injury is discovered, and the filing deadline is 1 year from that date but up to a maximum of 3 years after the negligence/ommission occurred. That having been said, there is no 3 year maximum (i.e. you only have 1 year to file a malpractice claim) if: a case involves fraudulent concealment on the part of the defendant, or 2) a foreign object was negligently left in a patient's body.


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 AttorneyPages.com 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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