Legal Question in Personal Injury in Maryland

I had an infection and received antibiotics, after that the area didn't cause problems. five years later I'm having problems with the area. Even though I didn't go to a specialist those years, is this something I can sue for now (or add to my claim since I already have a claim for the other problems the infection caused).

Asked on 3/09/16, 11:24 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You will need a medical expert to make a causal relationship between the antibiotics and any problems you are now having for the first time so long thereafter. The expert would also have to be prepared to say that at the time it was administered, the antibiotic was not appropriate, or was somehow administered improperly. Assuming you can overcome that hurdle, you would amend your complaint (I assume you are currently prosecuting a lawsuit) and be prepared to defend a dismissal motion based upon the 3 year statute of limitations. Your defense would be that you could not reasonably have known that the current problem would occur until recently so the statute on this aspect of the claim has not run out.

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Answered on 3/09/16, 11:44 am

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