United Brachial Plexus Network, Inc.

I was wondering if anyone knew if the statue of limitations are different in each state? My lawyer told us we only had 2 yrs from when Abbie was born to file. I don't talk to the lawyer much, but if the papers are filed and I am awaiting a court date does the 2 yrs still come in to play? I am worried because all the hospital records from her birth are fabricated to the fullest extent of the word. Sometimes I wonder if my lawyer isn't just sitting on this until the 2 yrs are up.....

Any statue of limitations only applies to how long you have to file. There are no limits on how long the lawsuit takes, although you do have to "actively" pursue the case (ie., it can't be filed and then abandoned or they can get it thrown out).

Kate

Amy,
Once your attorney files a summons and/or complaint, serves it on the other side and with the Court...that is when the lawsuit begins. After that there are series of things that must happen before you go to trial such as discovery proceedings (which includes depositions, examinations by their doctor(s), exchange of records and reports, etc..), pre-trial conferences and motions to name a few. This whole process can take a while and is dependant on several factors.
Your lawyer should respond to you in a timely manner if you ask for a status update and keep you informed at all times. If he/she has a problem doing that, you might want to think about how he/she will handle your child's case.

We've had consultations with at least four lawyers, maybe more since October 2002. Our son is 5 1/2 now, still receiving Occupational Therapy and has had two surgeries to date. Each lawyer we meet with reviews our file, forwards it to an examiner and months later, sends us a letter saying that the doctor did everything that he was supposed to do and sometimes ask if we've had a disability rating. Who performs this rating? The pediatrician or the Neurosurgeon? Please let me know what we should do.

Oh, we've also been advised that the statutes of limitations have expired for us, however, we have 18 years or 19 years to file a claim for our son.