Answered on May 05th, 2011 at 12:07 PM
I believe the statute of limitations has expired. The statute of limitations Is tolled while you are a minor. However, once you are 18 years of age, you have one year to bring suit if the SOL would have expired but for you being a minor. The SOL, which is three years, normally begins to run the date you knew, or should have known that you have a case. Thus, unless you could argue that you had no way of knowing that there was a negligent misdiagnosis until you were 19, the SOL has expired. Even though there was misdiagnosis, it doesn't mean you had a viable suit even if you had brought it in time. If a reasonable doctor under the circumstances could have missed the diagnosis, then there is no negligence and no case. In other words. Not all misdiagnoses are malpractice.