I was involved in a bad accident in sept of 2013 in Texas. I received a neck injury and was being followed by a provider who just assumed it was muscular and sent me to a chiropractor, which didn't help. Finally, after continued pain they sent me to pain management who then got an MRI on me and saw that I had 2 discs that were pushing into my spinal cord. She did nerve conduction tests which showed my spinal canal was narrowed because of the discs, and tried me on multiple meds which didn't work. I had epidural steroid injections in my neck, which didn't help. I ended up moving because of the military and was seen by a new provider who sent me to a neuro surgeon. (This was already 2 years past the date of the accident). He got another MRI and said I needed neck surgery so in January I got neck surgery. I thought it would help, and it did with some issues, but I have more pain Now than before. I called the insurance company and they said they couldn't do anything because the statute of limitations was 2 years and that was it. My question is, is there anything I can do? It isn't my fault that it took this long for me to find out I needed surgery.
Thank you.
The statute of limitations for a medical negligence action in Texas is a very strict 2 years. It begins to run on the date of the negligent medical act. If that date of the alleged act is back in 2013, then you likely have an expired limitations period. Translated, this means you could not file a successful lawsuit against a medical provider for negligent acts back in 2013. Of course, this analysis is cursory and based on very limited data you've provided. Sometimes there are narrow exceptions to the deadline. Best bet is to talk to a knowledgeable attorney in Corpus Christi, San Antonio, or Houston so details can be evaluated.
Is your contention that the neck surgeon screwed up? If so the date of the surgery not the collision would dictate your potential claim for that mistake. Its doesnt sound like a medical malpractice case. Just because the treatment didnt help doesnt mean the doctor screwed up. Diagnosis and treatment of spinal injuries are a lot more art than science. As to the collision if you have UIM insurance you could have a potential claim there assuming the other driver was at fault and his policy would not have fully paid for your neck surgery.
You may have options.
The statute of limitations is 2 years. You do NOT have a cliam against the other drivers insurance.
However, depending on your own insurance or the insurance on the vehicle, you MIGHT have options.
All injury victims needs expereinced representation. Unfortunately, this is a prime example of why an injured peron needs to hire an experience peronal injury trial lawyer immdiately following the wreck. By the time you realize you "need" a lawyer, it's too late. Our number one goal is to make sure our clients receive the appropriate medical attention and resolve any issues.
I would suggest contacting a lawyer that practices in the county where the wreck happened.
