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Asked in CA May 26, 2022 ,  0 answers Visitors: 1

elder abuse

what is the ststue of limitations to sue a hospital for elder abuse.

i received 2 stage 4 bed sores and came out crippled from contractures of both legs, ankles , knees and feet.

what recouse do i have. i was admitted februay 6, 2006 and discharged may 01, 2006. im 100% bedridden and still dealing with the bed sores, thank you

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3 Answers

Anonymous
Reply

Posted on / Dec. 27, 2007 14:53:00

Re: elder abuse

Medical malpractice claims must be filed with one year of injury or discovery, both of which are passed in your case, it appears. It is not likely you could successfully plead your facts as 'elder abuse', since it sounds like it is clearly a claim against medical providers, thus governed by the malpractice statute.

Even if you could still timely file, you must first have a medical expert opinion from a doctor willing to testify that it was malpractice. Neither your opinion, nor your attorney's, is relevant; only a doctor's opinion can prove your claims. Do you have such opinion? If so, we could discuss whether there is any realistic potential of a successful claim this late.

Anonymous
Reply

Posted on / Dec. 27, 2007 14:53:00

Re: elder abuse

Medical malpractice claims must be filed with one year of injury or discovery, both of which are passed in your case, it appears. It is not likely you could successfully plead your facts as 'elder abuse', since it sounds like it is clearly a claim against medical providers, thus governed by the malpractice statute.

Even if you could still timely file, you must first have a medical expert opinion from a doctor willing to testify that it was malpractice. Neither your opinion, nor your attorney's, is relevant; only a doctor's opinion can prove your claims. Do you have such opinion? If so, we could discuss whether there is any realistic potential of a successful claim this late.

Anonymous
Reply

Posted on / Dec. 27, 2007 14:53:00

Re: elder abuse

Medical malpractice claims must be filed with one year of injury or discovery, both of which are passed in your case, it appears. It is not likely you could successfully plead your facts as 'elder abuse', since it sounds like it is clearly a claim against medical providers, thus governed by the malpractice statute.

Even if you could still timely file, you must first have a medical expert opinion from a doctor willing to testify that it was malpractice. Neither your opinion, nor your attorney's, is relevant; only a doctor's opinion can prove your claims. Do you have such opinion? If so, we could discuss whether there is any realistic potential of a successful claim this late.

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