If I fell 6-7 years ago and have so much long term memory loss, can I still sue?

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If I fell 6-7 years ago and have so much long term memory loss, can I still sue?

I fell at a hospital; my sock got turned in the bed and I fell when I stepped out of bed. I hung on to rails and table screaming for help. I’d had a shoulder replacement and couldn’t hold any more. I don’t remember anything after I hit the floor. I was in 3 different hospitals and 3 different nursing homes over 6 months. They gave me 3 weeks to live. I have sever memory loss and it’s taken me years to get any health and memory back. Recently I went to this hospital with a bladder infection and they treated me like a dope addict. Every thing came rushing back of all the trauma and health issues I’ve had since that fall. I want to now if I can sue them for my ongoing health issues?

Asked on March 25, 2019 under Malpractice Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot sue them: the statute of limitations, or time period within which you must start a lawsuit for personal injury in your state (WA) is only three years, so at 6-7 years, too much time has passed. Once the statutory time period has been exceeded, you may no longer sue.
Even if you had sued in time, it is unlikely that you would have won your case. The hospital is only liable if they were at fault in your injury--did something careless to cause it. But they would have caused your sock to gert "turned in the bed"--they were not fault for that. Not being at fault, they would not be liable.


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