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Statute of limitations for medical malpractice in the state of Idaho?

  
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Statute of limitations for medical malpractice in the state of Idaho?

Postby calin » Sun Jun 17, 2012 5:05 am

Ongoing problems from a surgery done in 2009, any recourse?
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Statute of limitations for medical malpractice in the state of Idaho?

Postby caelin » Sun Jun 17, 2012 5:06 am

The statute of limitations for medical malpractice in Idaho is 2 years. In general, you wouldn't be able to file a malpractice suit for the 2009 surgery, but there may be other lawsuit options available to you depending on your specific case profile. You need to consult with an attorney to determine if you even have a case.
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Statute of limitations for medical malpractice in the state of Idaho?

Postby ruelle » Sun Jun 17, 2012 5:13 am

You asked how long someone has to initiate a medical malpractice lawsuit.The law requires that a medical malpractice lawsuit be initiated within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. The law also requires that it be initiated within three years from the date of the act or omission complained of (CGS § 52-584). (The courts typically refer to the two year period as the statute of limitation and the three year limit as the statute of repose). Thus, a person who believes he has been injured because of medical malpractice must initiate the lawsuit within three years of the act of malpractice even if he does not discover and could not have reasonably discovered the injury and its link to the alleged malpractice until more than three years have passed.

P.S. I have included an article that explains this law by a legal professor
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Statute of limitations for medical malpractice in the state of Idaho?

Postby abelard29 » Sun Jun 17, 2012 5:15 am

Call an Atty becaue you have given us NOTHING that we can use to tell you if you have recourse or not.
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