Maryland  |  Personal Injury

Legal Question

Asked on: 7/25/12, 5:44 pm

hi, can you sue a surgeon for assualt if they intentional caused physical pain knowing the patient was in pain and didn't stop? and what is maryland statue limitation?

1 Answer

Answered on: 7/26/12, 8:42 am by Robert Sher

You could theoretically sue under these circumstances, but unless the pain was more than just temporary, or there were some other continuing consequences, it's unlikely that the expense of doing so would justify such action. The statute of limitations for assault is 1 year, but for malpractice it would be 3. I suspect it would be difficult to prove that the surgeon acted for the purpose of causing you pain, as opposed to completing some test or procedure.

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