Legal Question in Medical Malpractice in Michigan

Negligence

I unknowingly blew out my ACL while performing military exercises 16 years ago. I was told to ice it and sent on my way. No MRI was taken even though I explained in full detail the nature of my injury. A year later I re injured the same knee due to the instability in the joint. Again no MRI,just an x ray revealing torn cartilage in the knee. I went to a university hospital and finally had an MRI after all these years which revealed the blown ACL. The Dr. stated it was not uncommon for people to walk around for years with this injury and not think twice about it. Basically you end up modifying for comfort and convienance. because I've walked around with this injury for all these years there is deterioration in the joint. Even if it is repaired the knee will never be the same. I have the knee of someone twice my age as a result of the non diagnosis. Can I file a claim for negligence against the military and recieve compensation? Everything is documented in my military medical records.


Asked on 2/26/02, 6:18 pm

1 Answer from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Negligence

Although the statute of limitations has ran on you injury, there is a good argument that the statute of limitations was tolled (suspended) until you knew of the injury. Additionally, filing a claim against the military is a daunting task in of itself. Please call my office to discuss your matter further. 24 hours at (800) LAW-6685 or (248) 737-7000. Best of luck!

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Answered on 2/26/02, 6:28 pm


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