After statute of limitation becomes a hurdle how does one win a medical neglegent case?
544365
Dear Friend,\n\nThe statute of limitations only starts to run once you know or should have known that there was a problem.  Let's say you had an operation in 2000, but only found out in 2004 that they'd botched the job.  Then your statute of limitations would start running from 2004, not 2000.\n\nHope that helps!\n\nYour Friend,\nFrancesois
987861
That is really up to the hemodyalisis doc'. Each case is different. They usually try to hold off as long as possible because you can't  just stop once you start.
606429
In most states the statute of limitations is 3 years. If she was marked at fault and she is sueing you, then she has a fool for a lawyer.  Turn the papers over to the insurance company you had at the time of the accident. You are nothing more than a witness in the insurance company's case.  they will call you if they need you.\n\nEven if she does win, you don't pay the insurance company does.
500654
Don't worry about the statute of limitations. You have already won the lawsuit and the statute of limitations to collect the judgment will be a long time.\nThe type of supplemental hearing is described in sec 2-1420 of the Illinois Code of Civil Procedure. It allows you to bring the person back to Court and ask them what they have and where they have it.\nThen you get a writ of attachment or a writ of garnishment to collect property from the places (like banks and employers) that you found have property belonging to the person.
1182066
Its tricky... You can contest probate up to 180 days (I think) after the death.  If you have signed documentation that says that his estate goes to your husband, and there's language that says the written agreement superceedes any and all other agreements, you have a shot.  My advice is find the document, and go get a good lawyer who won't charge outrageous fees.  There aren't enough details in your blurb for me to tell you anything other than that.
202985
they can take as long as they want...my wife is going through a workers comp case and it has been almost 2 years of bs.
623842
you will need on paper.\ndate of injury,name of your dr-surgeon,,date of last visit.\ndate of last surgery, a list of things you can`t do\nwalk upright,stoop,stand,bend over, run ride a bike,ect...\nlist of all meds you are taking...name of who brought you to \nhearing.. you can appeal the disceion and so can they 3 x\n each appeal can take about 60-90 days.. [in Ohio]..
1049080
It would be the statute of limitations for malpractice, which is 30 months.
766257
I believe 3 years is the limit. There are plenty of lawyers around, though, who might try another angle. I can't understand why\ninsurance is not paying for ongoing trauma - there is no limit on\nthat unless you got a settlement and signed off. Good luck
121976
Statute of limitations is only for sueing.  \n\nthey can collect til you die.
15268
It would depend on the medical procedure on how long you can "sue" them
300343
well what happened ? if your not using a lawyer. it will take longer. it can take up to 4 years for it to be approved. did you turn in a good medical history ? show proof of contact ? etc.. etc.. etc..
754766
It's the appeal process, which can drag on for decades.  As long as they haven't expended all their appeals, they can continue to do so for as long as they can.
337399
Contact your local legislative representative and explain the situation to them.  Provide them with copies of all documentation and the names and telephone numbers of those with whom you have talked.  They can then advise you and maybe expedite your case.
662204
It varies from state to state but it varies from 6 months to 4 years...I'll try to obtain the CA requirement and update the answer for you. Also, the date of the statute starts when the problem is discovered, not when the procedure took place...very important!\n\n*****UPDATE!!!\n\nHere ya go!!\n\nA medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases, the statute is tolled until the claimant discovers or should have discovered the injury. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989.\n\nActions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child's eighth birthday, whichever provides the longer time period. Id. It is notable that the statutory period begins to run for adults at the time of discovery but for minors at the time of the negligent act. Although the California Supreme Court has yet to address this anomaly, other courts have begun to read a discovery rule into the provision for minors, on the theory that not to do so would deny minors the equal protection of the law. Photias v. Doerfler, 45 Cal. App. 4th 1014, 53 Cal. Rptr. 2d 202 (1996); Katz v. Children's Hospital of Orange County, 28 F.3d 1520 (9th Cir. 1994).\n\nIf a claimant is insane, a guardian can be appointed to permit the claim to be brought within the required time limit. Cal. Civ. Proc. Code § 372 (West Supp. 1998).
693453
More info required, before even a comment could be offered. Suggest you refer a good attorney, a.s.a.p., like maybe yesterday, so that the statuate of limitations, if applicable in your case does not come into force\n\nst/
157880
In order to win a malpractice claim or "get your money back" it is not enough that you lost your case when you thought you would win it.  Rememebr, there was always another side that thought they would win too.\n\nYou don't say whether this was a criminal or civil trial.  You can always seek another attorney for an appeal (but do it quickly.) It will cost you though, unless you qualify as a criminal defendant for a public defender.  If so, ask for another is you don't have one.