Unfortunately, if the statute of limitations has expired, your claim for medical malpractice is barred, and you won't be able to pursue it.However, you can sue the attorney for negligence in a legal malpractice case for missing the statute of limitations.  Negligence is the failure to exercise due care (that degree of care that a reasonable attorney would have exercised under the same or similar circumstances to prevent foreseeable harm).  An attorney missing the statute of limitations is a classic case of malpractice.It would be advisable to be represented by an attorney who handles legal malpractice cases.