Q: “Can I challenge the statute of limitations for malpractice based on ongoing harm caused by delayed imaging, misdiagnos
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“From 2005 to 2013, I was treated for back pain with pain medication, but no diagnostic imaging was ordered during this time. In 2013, I was finally given X-rays, which showed degenerative disc disease and spondylolisthesis. However, my condition was misdiagnosed as congenital, leading to a delay in appropriate treatment and a spinal fusion surgery that worsened my condition. Recently, I discovered evidence that my condition was acquired, not congenital, as initially claimed. Additionally, I learned that one of my treating physicians, who played a key role in my care, was impaired due to substance abuse and made false statements in my medical records. Would this late discovery of physician misconduct and new evidence of improper care allow me to challenge the statute of limitations, given the ongoing harm and delayed diagnosis?”
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