July 17, 2000 -- No, it is not too late, but whether you will win depends on the specific facts of your case. Just because a doctor makes a mistake or a patient ends up suffering doesn't necessarily mean there's been malpractice (a fancy word for carelessness). You need to prove that the doctor's negligence -- care below what is expected of an average doctor -- caused you injury. You must also file your lawsuit in a timely fashion.

Time limits called statutes of limitations require you to file suit within a certain period from the time you learned of a doctor's negligence. In many states, the allowable period is two years. There are two key exceptions: If you didn't learn of your injury until well after the fact (the clock will normally start ticking when you actually become aware of the injury); and if you're an adult who was hurt as a child. State laws generally allow people hurt while they were children to sue once they reach adulthood. The so-called age of majority varies from state to state, but is usually 18 or 21. Depending on where you live, you have two, three, or four years after you reach adulthood to sue.

To summarize, you can successfully sue a doctor for malpractice after the normal statute of limitations has expired if:

• you can prove the doctor's conduct fell below the standard of care expected of a reasonable, prudent doctor acting in similar circumstances;
• you can establish that the doctor's negligence caused you to suffer an injury you would not have otherwise suffered;
• you file the lawsuit after reaching the age of majority within the time permitted by the applicable statute of limitations.

Arizona attorney John G. Stompoly practices law in 11 states and the District of Columbia, specializing in professional liability law.

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