Colorado  |  Medical Malpractice

Legal Question

Asked on: 10/01/02, 12:20 am

Can the statute of limitations be waived

My wife had a cube of her disk left lying against her spinal column after back surgery. I repeatedly asked the surgeon to do a M.R.I. but he told her that the pain was all in her head. Which I have in writing and sighned by him. I took her to another surgeon who did the M.R.I. and scheduled her the next day for surgery to remove it. This disk fragment has left her with permanent nerve damage in both legs which makes her rely on 10 different medications to deal with daily life if you can call it that. I have two surgeons who will testify if necessary. can any thing still be done. Thank you.

1 Answer

Answered on: 10/01/02, 8:47 am by Peter W. Thomas, Esq.

Re: Can the statute of limitations be waived

Issues concerning a statute of limitations turn on the specific facts of each individual case. I would need dates and some more information to provide you a better analysis. In general, however, the statute of limitations does not begin to run until you either knew or should have known that you had a cause of action. In other words, you should be able to argue here that the statute of limitations clock did not begin to "tick" until after the second surgeon identified and informed you of the true source of your wife's pain. If that timeline still does not bring you within the statute of limitations, there are other possible, albeit difficult, arguments you should discuss with an attorney, such as equitable tolling. But again, any attorney will need some more information.

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