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Using Late Discovery to Get Around the Statute of Limitations for Malpractice

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  • 08-09-2010, 10:11 AM
    Jane0218
    Using Late Discovery to Get Around the Statute of Limitations for Malpractice
    This occurred in NY.

    In 2000 (I was not a minor), I was placed on an antidepressant by a nurse practioner. As she increased my dosage, I began to have physical problems which she attributed to thyroid problems (which I later found out was not the case). As dosage increased, I started having neurological and mental problems to the point where I couldn't understand what people were saying and I couldn't follow plots on TV shows, plus other problems, which the N.P. dismissed as nothing.

    In 2001, the N.P. told me to stop taking the medication 'cold turkey' which basically blew me apart. The N.P. refused to see me again. I ended up crying non-stop for about 2 months due to anxiety, and was considering suicide before I finally obtained help by going to an out-patient clinic. After the clinic, I became extremely anxious again, and it took about 2 months for it to settle down, with medication.

    Note: The medication had just come out when she prescribed it to me. The medication was subsequently (a few years later) taken off the market because people had died of liver failure while on it. It has since been reformulated and is on the market again, under a different name.

    Since then, anytime I become fearful of the unknown, I have become extremely anxious for months, needing extra medication. In March 2009, I had a breakdown, which again required me to go to an out-patient clinic for help.
    THIS YEAR it was determined that the reason I keep becoming extremely anxious is due to Post Traumatic Stress Disorder, which was caused by my treatment with the N.P. in 2000-2001. I have been getting specialized treatment since this determination was made and am recovering, with hopes of not having to suffer extreme anxiety again in the future.
    QUESTION: CAN THE DISCOVERY OF THE CAUSE OF MY EPISODES OF SEVERE ANXIETY BEING DUE TO THE N.P.'S INADEQUATE TREATMENT BACK IN 2000-2001 ALLOW ME TO SUE HER NOW, even thought it's almost 10 years later? Am I able to use the fact that the root of my problem was just discovered this year?
  • 08-10-2010, 10:58 PM
    Mr. Knowitall
    Re: Using Late Discovery to Get Around the Statute of Limitations for Malpractice
    I am skeptical that you'll be able to prove that you have PTSD resulting from the cessation of your medication in 2001, that you could not have obtained the medication from a different doctor at that time (or the same doctor, bypassing the nurse practitioner), and that you did not connect your subsequent psychological condition to the cessation of medication until this year, some nine years later. Beyond that, New York doesn't provide a period of tolling based on late discovery. (Other tolling provisions may apply, for example, if you were mentally incompetent during this period.)

    I suggest taking all of your medical records, including the treatment records from your current psychiatrist, to a malpractice lawyer for review.
  • 08-10-2010, 11:14 PM
    KeyWestDan
    Re: Using Late Discovery to Get Around the Statute of Limitations for Malpractice
    Good advice above, but I don't see any way that your claim would be viable after ten years, unless, perhaps you were a minor for much of that time.

    Can a nurse practioner even write a prescription in your state?

    Yes, you should at least speak with a medical malpractice attorney who will know law and legal precedent in your state far better than anyone here.
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