Legal Question in Medical Malpractice in Nebraska

Statute of limitations

in december of 1991 i had a cyst removed from inside my neck just below my ear. during the first few weeks i noticed when i would eat, there would be a small discharge coming from what i assumed was the incision. i talked to the performing doctor and she said it was nothing and to just casually wipe it dry when i was eating. i realize it has been nine years since the surgery, but the problem is that when i now eat, it is literally leaking out from the area where she performed the surgery. it has gotten so bad, that it drips onto my clothes as i eat. it is embarrassing to say the least. do i have any recourse after this length of time since the problem has intensified? thank you.

Asked on 11/16/00, 4:15 pm

1 Answer from Attorneys

James Harris Harris Kuhn Law Firm, LLP

Re: Statute of limitations

Thank you for your inquiry. Unfortunately, from the information you provided, your claim would be barred by the Nebraska 2 year professional malpractice statute of limitations. There is an exception for instances where the condition cannot be reasonalbly discovered within the 2 year timeframe. Such an exception would probably not be applicable in your circumstances because of the objective, observeable nature of your condition. The exception only applies when a reasonable person would not be put on inquiry notice.

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Answered on 11/28/00, 12:28 pm

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