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    Allysen7278's Avatar
    Allysen7278 Posts: 1, Reputation: 1
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    #1

    Nov 28, 2006, 10:40 PM
    Statute of Limitations
    My dad received a diseased kidney during transplant in 2005 which the hospital never informed us at all... my mom had to find out on her own... my dad then passed away 2006 because of the transplant with disease the kidney had!!

    I was curious if we are going for Wrongful Death is it 2 years from when he died or 2 years from when received the transplant?

    Also if we have medical malpractice is it from when the kidney was transplanted or his death??

    :(
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Nov 29, 2006, 05:14 AM
    Contact an attorney who specializes in medical.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
    		  
    #3

    Nov 29, 2006, 05:36 AM
    It all depends on where you live the SOL can be different. Here where I am the SOL is one year from the actual date you found out that the kidney was diseased. Not from the date of death or the date of the transplant. From the day you found out.

    You need to contact a medical malpractice attorney.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #4

    Nov 29, 2006, 09:40 PM
    What does it matter?

    If the surgery was in 2005, it has not ever been 2 years for either situation yet!
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #5

    Dec 3, 2006, 10:43 PM
    Where are you located? The statue is different in every state.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 4, 2006, 07:19 AM
    As Forest pointed out, the question is rather curious. You seem to have done some homework and found that an SOL of 2 years applies. Since the procedure was done within those 2 years, then it shouldn't matter when it stems from since there is no way it could have run out. But if it was done in January of 2005, you need to move quickly to file.

    I'm also wondering how you know the kidney was diseased and who was aware of it when.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #7

    Dec 4, 2006, 08:20 AM
    Quote Originally Posted by ScottGem
    As Forest pointed out, the question is rather curious. You seem to have done some homework and found that an AOL of 2 years applies. Since the procedure was done within those 2 years, then it shouldn't matter when it stems from since there is no way it could have run out. But if it was done in January of 2005, you need to move quickly to file.

    I'm also wondering how you know the kidney was diseased and who was aware of it when.
    There are actually several issues at play here, which dictate that you see a lawyer as soon as possible. You have several distinct possible causes of action that may have different SOL's. (1) wrongful death; (2) medical malpractice; (3) products liability (against the entity providing the kidney (4) General negligence (depending on who handled the kidney, etc.
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