Can I sue five years later? Who would take my case probono?

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Basically this hospital misdiagnosed me, was negligent with my care, missed proper protocol, loss my medical files, etc. Also the state took hold of my care when they had no authority to do so. I would like to after them as well.

Attorney Answers

5
Eliot Wolf ·
Statute of limitations is no longer than three years from the act or omission or two years from injury, whichever is first, so time limitations have likely lapsed. Confirm with local counsel.
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Devin Janosov ·
You have a statue of limitations problem; unless you somehow factually qualify for a tolling of the statute of limitations; which is 3 years in medical malpractice; and 2 years for general negligence in CT. As for "pro-bono" medical malpractice claims in CT require a letter from an expert in the same medical field as the doctor(s) you are accusing of malpractice; as well as the same geographical area (because the standard of care you would expect from a medical professional would be different in say, Manhattan, as opposed to say, rural, back country Alabama); that letter from what is called an "expert witness" is required before a lawsuit may even be brought; and costs money. It is HIGHLY unlikely that you would find an attorney to take a medical malpractice case; as it is so cost-intensive; pro-bono. You would be asking the attorney to willingly lose money for you; and in fact medical malpractice lawsuits are one of the few lawsuits in which an attorney in CT is free to depart from the downward sliding contingency fee scale established by the general statutes and charge you A HIGHER contingency fee; because of how much money the attorney has to put up front in costs; with no certainty of recovery. So it is not likely you will find any attorney who will take it "pro bono" however they will take it on a "contingency" basis most times, in which case they front all the costs of litigation and take their fee and recoup their costs at the end with their fee as a percentage of your ultimate recovery and their costs (you can be held legally responsible to repay the attorney for the costs he fronts if there is no recovery at all; but few attorneys actually attempt to recover these costs in a losing case) from the final recovery. But all of this is academic; because unless you qualify for a tolling of the statute of limitations; you have lost your right to pursue an action.
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Daniel Benjamin ·
Firstly, a hospital does not diagnose, a doctor does. Doctors and hospitals generally have different standards of care. If you have been continually treated by the doctor and/or hospital you may have a shot at beating the statute of limitations. It is doubtful that any attorney will take your case pro bono because of the huge costs of hiring medical experts to render medical opinions regarding breaches of the standard of care and proximate cause - that the medical negligence was a substantial contributing cause of your injuries.
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