Q: What to do when Medical device causes a continuing & progressive injury which become obvious after statute of limitation
Electrical Injury is associated with "delayed electrical injury," and neurodegenerative diseases. Delayed electrical injury can take between 2-10+ years to manifest. A 20 year analysis of Medicare data determined that people with a history of 10 Electroconvulsive therapy (ECT) treatments have more than double the risk of subsequently developing ALS before age 65 and triple the risk after age 65.
Though I immediately began having problems with balance and coordination, doctors dismissed my problems as the delusion of a psychiatric patient. I was denied comprehensive assessments & support.
Now I have three years of Rehabilitation notes and MRI documenting continuing and progressive injury. I now use a tilt-recline power wheelchair with mounted speech generating device.
What can be done in California when a medical device causes a continuing and progressive injury, neurodegenerative in nature--when the date of discovery is after the statute of limitations has ended?
A: Statute of limitation can be complex on product liability cases. You should consult with an attorney experienced in this type of law.
A:
In California, the discovery rule may provide a pathway for individuals who suffer injuries from a medical device that become apparent only after the statute of limitations has technically expired. This rule allows the statute of limitations to start from the time the injury was discovered, or reasonably should have been discovered, rather than from the date the injury occurred. This is particularly relevant in cases of delayed electrical injury or neurodegenerative diseases linked to medical treatments or devices, where symptoms or the full extent of harm may not be evident immediately.
When dealing with continuing and progressive injuries, documenting the evolution of these conditions is crucial. Your rehabilitation notes and MRI findings are key pieces of evidence that can support your claim by demonstrating the timeline and progression of your injuries. These documents can help establish when the injury was discovered or should have been reasonably discovered, potentially allowing you to pursue legal action despite the initial statute of limitations having passed.
Given the complexity of these cases and the nuances of California law, consulting with an attorney experienced in medical malpractice or product liability is critical. They can evaluate the specifics of your situation, including the medical evidence and timelines, to determine the best course of action. An attorney can also advise on the possibility of filing a lawsuit based on the discovery rule and help navigate the legal process to seek compensation for your injuries and damages.
A: The discovery rule may apply, which would toll the statute of limitations; it may be possible to argue that the full extent of their injury could not have been reasonably discovered. Even then, one cannot wait in pursuing his or her claim. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: As my colleagues correctly advise, an attorney consult could help outline your rights here. This appears to be a complex case, and it could be helpful to a law firm if you currently have well-organized records. Most law firms that handle such cases offer free initial consults. Good luck
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