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Medical Malpractice/sue my pediatrician from when I was a child

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Question
I was born with cupped feet. According to my parents the pediatrician told them to just put my shoes on the wrong feet and I should be fine. But now at age 33 I've had multiple problems with my feet due to me having metatarsus adductus. I've seen multiple podiatrist which have informed me that my feet should have been broken when I was a child. I'm in constant pain due to the way I have to walk on my feet. I've had to wear two different types of orthotics, had surgery on one foot, done physical therapy, and constantly going to the podiatrist since I was 19. Can I go back on that doctor (who I know is still practicing)and sue him for my medical bills and pain and suffering and future treatment??? The doctors now tell me I'm too old to have the surgery to correct the problem.

Answer
On every level, no, you cannot go back and sue that pediatrician.  Firstly, there is something called the Statute of Limitations.  In most States (I assume your are in the US somewhere) the time limit is only one or two years. In some cases it extends to 3 years.  If the patient is a minor then in most States that time period begins to run when the child reaches the age of majority......18. So at best, your time ran out when you were 21.  Next, malpractice is determined based upon what the standard of care at that time and at that place was.  So, what did the average qualified pediatrician do with cases like yours 30 years ago in the place you grew up??  Maybe, exactly what you pediatrician did. Guilt for medical malpractice can't be determined based upon current standards of care which of course are much much better, in virtually all areas of medicine.  I could explain more reasons but these would stop you before you got anywhere and because of these issues, no lawyer would ever consider the case.  There is no legal remedy, no matter how badly you have been damaged. Sorry. Of this I am quite sure. Good luck.

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Glenn A. Dorfman

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Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues

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Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Education/Credentials
Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

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