Would I have a case?

UPDATED: Oct 1, 2022

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Would I have a case?

At the age of 14, I was going to the gynecologist to receive the Gardasil One Less injections for cervical cancer. During a trip for my 2nd injection, the nurse never asking me my name or DOB gave me an injection of what me and my Mom were to find out was a Depo Provera Birth Control. The following months after, I had my menstrual cycle for a consecutive 30 days twice, given estrogen pills, and eventually having to be put on the pill long-term. At the time I was an active child in dance and cheerleading, never having a problem with my cycles. After the incident, I started having back pain, headaches, menstrual cramps, diarrhea the week before and during my cycles. I am now 24 years old and still have problems with my monthly. I am not sure if all of this is correlated, but I know that was medical negligence on their part and I was just wondering at the age I am now could I still have a case?

Asked on November 15, 2017 under Malpractice Law, North Carolina


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

Answered 5 years ago | Contributor

Unfortunately, it is too late to file a lawsuit in your medical malpractice case.
North Carolina has a three year statute of limitations for filing a lawsuit in a medical malpractice case. This can be extended if the lawsuit is filed within one year from the time of discovery of the medical malpractice; however no medical malpractice lawsuit can be filed in NC more than four years after the negligent act (malpractice) occurred.
Since ten years have elapsed since the negligent act (malpractice) occurred, your lawsuit is barred by the statute of limitations.

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