If my son was 16 at the time of a malpractice incident and he is now 19, can he still sue?

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If my son was 16 at the time of a malpractice incident and he is now 19, can he still sue?

He went to the dentist after complaning that his mouth was hurting. They performed a root canal and went to deep his throat. His face became swollen and it was life threatening.

Asked on March 24, 2013 under Malpractice Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

In NC, a victim has 3 years to file a claim after the date of the malpractice incident. Additionally, in the case of a minor, the minor can file up until the age of 19. That having been said, there must be damages that were the result of negligence. Clearly, your son was injured and it may or may not have been the result of negligence (although it does appear that your son may have a legitimate claim). At this point, you should consult directly with a malpractice attorney in your area. They can best review the facts of his case and advise him further.


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