A 34-year-old member asked:
what is the statute of limitations regarding "botched" spine orthopedic surgery?
4 doctor answers • 10 doctors weighed in

Dr. Ahmad M Hadied answered
Orthopedic Surgery 49 years experience
Let me explian: The statute of limitations regarding any surgery is two years from the start of the treatment, unless the patient is a child that goes until the child is 18 years old.Thanks.
5870 viewsReviewed Aug 23, 2020

Dr. Ralph Morgan Lewis answered
Family Medicine 38 years experience
Depends: Generally, the statute of limitations is two years after the injury is discovered. However, some states—such as florida—have a further restriction:" …unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than 4 years after the actual incident of malpractice." —>.
5870 viewsAnswered >2 years ago
2 comments

Dr. Ralph Morgan Lewis commented
Family Medicine 38 years experience
Provided original answer
May 4, 2012

Dr. Ronald Holzman commented
Mammography, Breast Ultrasound 47 years experience
Best is to check with a local medical malpractice attorney. Statute of limitations do vary per state. For example New York has a statute of limitations of 2 1/2 years, and As correctly said Florida has a statute of two years. There are exceptions which will extend the statute In some states, therefore it is best to consult with a medical malpractice attorney to get a complete and accurate evaluation as to the statute of limitations.
Jul 21, 2013

Dr. Thomas Dowling answered
Orthopedic Spine Surgery 40 years experience
Check with state: Need to check with your state laws and it usually is different for adults v children.
5668 viewsReviewed >2 years ago

Dr. Ahmad M Hadied commented
Orthopedic Surgery 49 years experience
I agree with the anwser, I was speaking about MI which I prctice in.
Aug 12, 2012

Dr. Peter Ihle answered
Orthopedic Surgery 54 years experience
In Wisconsin: I believe the statue of limitations is 3 year's from the date of discovery or 3 years after age 18.
4924 viewsAnswered >2 years ago
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Last updated Aug 23, 2020
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