Is there a time limit for filing a misdiagnosis claim?
My doctor told me twice that my symptoms were stress. More than a year later a different doctor diagnosed a serious condition that was treatable earlier. Is it too late to do anything?
1 lawyer answer
Almost every jurisdiction sets a deadline, and medical claims often have shorter ones than other injury claims. Many systems also have a “discovery rule,” meaning the clock may start when you knew or reasonably should have known about the injury and its likely cause, rather than on the date of the original appointment.
There can also be an outer limit (a statute of repose) that applies regardless of when you discovered the problem, and special rules for children.
Because the exact start date can be argued either way, speak with a lawyer as soon as possible and bring the dates of each visit and the later diagnosis.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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