When I was about 13 I fell off the back of a pick up truck and landed on my head. The vehicle was in motion doing donuts. When I fell off I went to the hospital with a concussion and amnesia.
Now I'm 29 years old and I have a condition called cervical spinal stenosis, which is not normally found in people under 50 years old. I'm now disabled and in great pain everyday. It's also hard for me to remember things. Now I think that my condition is from the accident or at least stems from it.
When I went to the hospital I don't think that they even looked at my neck, all my family remembers is a CAT scan of my head. Would this be a medical malpractice suit?
I found out about the condition in October 2010. In Washington state there is a 3 year statute of limitations on personal injury. Would I be able to use the delayed discovery defense for this case, and the malpractice suit?
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ANSWER for "Delayed Discovery of Brain and Spinal Injuries...":
Andy (Woodland, WA):
We are afraid you are out of luck. You would be hard-pressed to find a Judge who would allow your claim after all these years. You would also be hard-pressed to find a Judge who would accept the “Delayed Discovery” defense.
You would have to find a least one, but probably more physicians, with expertise in Cervical Spinal Stenosis. Even then you would have to be able to prove the direct causal relationship between the fall off a donut truck when you were 13 and your current disorder.
You certainly can consult with other Personal Injury Attorneys in your area. They may have a different slant on your case. We think they too would require proof of the connection between your fall at the age of 13 and your current disorder. We suggest you also do as much research on the subject as possible. Sometimes people find amazing things, even things attorneys and doctors wouldn't have believed existed.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.