Warsaw, IN asked in Medical Malpractice and Personal Injury for Indiana

Q: How long of Malpractice can you sue?

When I was 15 I was pregnant. I told the OBGYN (In the office every visit you saw a different OB it rotated between 2 OBGYN and 1 Midwife. I spoke to 1 and stated I did not believe I was as far along as stated and requested another ultrasound. It was denied and the head OBGYN stated he'd review my ultrasound. Next appointment I was told this did not change by 2nd in charge OBGYN. Upon birth, my son was 2 1/2 early. OBGYN took me into room and showed where they had wrote in the previous appointment record that my due date changed by head OBGYN, but was ignored by 2nd in charge OBGYN. I am now 28. My son has a long list of medical issues (apnea of prematurity, respiratory issues, anxiety, Immune deficient, I didn't get to hold him for awhile after birth, he was on a monitor for his heart for a year. He is 12 now. My father was handling the lawsuit but passed away, lawyer told me I had no basis for malpractice and rejected my case. What can I do now? I am now told I Was told wrong.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: Only an Indiana attorney could advise, but your question remains open for a week. I'm sorry for your ordeal with the case and for the loss of your father. Statutes of limitations are governed by state law, which is why only an Indiana attorney could advise. Some states do have tolling of statutes until a person reaches adulthood, discovery of a condition, or other possible factors - but each state can apply different doctrines when it comes to this.

Your best option is to reach out to med mal attorneys in Indiana to discuss. If the attorney who told you that you had no basis for a case offered their reasoning, that could be a helpful piece of information when you speak with attorneys. It would also be helpful for an attorney to know whether your father had placed the matter into suit during the course of handling it. Good luck

Tim Akpinar

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