Can I hold my doctor liable for bad medical procedure? 23 Answers as of February 20, 2012

When mesh was used for rectal prolapse repair in 2000 and disintegrated, and later repaired in 2003 I was told the mesh caused the problem and scarring, however was led to believe by surgeon this was nothing I could do about it, only now to find out after still not healing from the 2003 surgery that there are problems with mesh. I have only just discovered this and yet I have been unable to work due to the illness it caused for the last year and a half. Can I hold anyone responsible in order to have further surgery to attempt to repair the damage?

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
I don't handle medical malpractice claims. Please seek the advice of a personal injury attorney that specializes in this area.
Answer Applies to: Oregon
Replied: 7/27/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
It is possible you have a case. There are strict time limits for making medical malpractice claims, so you should consult a lawyer in your area immediately.
Answer Applies to: Florida
Replied: 2/20/2012
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
First of all, sorry to hear you've had such trouble. Depending on which type of mesh you had and the time frames surrounding your treatment, it is possible for you to be compensated for your loss. You should look for an attorney in your area that does products liability and/or medical malpractice and speak with them immediately. As you may know, there are time frames in NY that can be quite short called the statute of limitations. Sometimes these can be tolled by a disability, by something known as the "discovery doctrine" or something known as the "continuous treatment" doctrine. Either way, you must consult an attorney immediately. If you do not know of one in your area, I may be able to find one for you. Good luck and I hope you get well soon.
Answer Applies to: New York
Replied: 7/22/2011
Timothy Jones, Attorney at Law
Timothy Jones, Attorney at Law | Timothy Jones
Yes, a physician can be held liable for negligence which causes harm. However, the initial hurdle in your case will be whether your time to commence a claim has run out. If you intend to pursue this matter, I encourage you to contact an attorney immediately.
Answer Applies to: Oregon
Replied: 7/22/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
If the mesh was defective, you may still have a valid claim. You should contact an attorney right away as this is time sensitive.
Answer Applies to: Oregon
Replied: 7/22/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    There may be significant statute of limitations problems. Speak to a malpractice lawyer.
    Answer Applies to: Florida
    Replied: 7/22/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have 2 problems: first the statute of limitations, generally 3 years; second, you must find a doctor who believes what you think is true and is willing to testify for you. All bad results are not malpractice or product defects nec essarily
    Answer Applies to: North Carolina
    Replied: 7/22/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    In Alabama (my state) the only possible claim now would be a tort claim against the manufacturer but this is iffy. The general statute of limitations for most tort actions is two years. However, there are some discovery exceptions available. For doctors you may never sue after four years from the date of the procedure. For products there may be some leeway. Contact a lawyer experienced in products matters.
    Answer Applies to: Alabama
    Replied: 7/22/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    May be, if the doctor was negligent. Consult with and/or seek the legal advice of a medical malpractice lawyer.
    Answer Applies to: Indiana
    Replied: 7/22/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    You should call an attorney who specializes in medical malpractice cases. These are difficult cases and especially so when you have to deal with statute of limitation problems. The rules that apply to your case deal with when you first had knowledge of the problem. Call a lawyer as further facts are needed to analyze your potential case.
    Answer Applies to: Virginia
    Replied: 7/22/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Its doubtful that you have a claim against the doctor as he was not negligent. You may, however, have a products liability claim against the manufacturer of the mesh. You should really speak to a medical malpractice attorney.
    Answer Applies to: California
    Replied: 7/22/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe although it may too late. Call medical malpractice attorney
    Answer Applies to: Florida
    Replied: 7/22/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    There may be a product liability case against the mesh manufacturer. There have been recalls of medical mesh products the last few years. Your medical records should show the exact manufacturer and model of the mesh used in your surgery. Once you have that information you should be able to determine if the mesh in your body is one of the mesh products that has been recalled. Even if it has not been recalled yet there are legal steps (including possible litigation) that can be taken on your behalf. You really need to get an attorney experienced in product liability cases involved with this. There are statute of limitations issues here so you must move quickly.
    Answer Applies to: Georgia
    Replied: 7/22/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You can't hold the surgeon responsible as there is a statute of repose that prohibits you from suing a health care provider more than 4 years after the negligent act, regardless of the date you discovered the negligence.
    Answer Applies to: Florida
    Replied: 7/22/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Your claim is probably barred by the statute of limitations. You were told in 2003 that your problems were caused by the mesh. 8 years later you are still having problems. The statute of limitations expired 7 or 8 years ago.
    Answer Applies to: California
    Replied: 7/22/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You may have a claim against the manufacturer of the mesh if it was defective. Get the name and model of the mesh used. It should be in your operative records. Then google it and see if any lawyers are handling cases for that model claiming it was defective. Good luck!
    Answer Applies to: New York
    Replied: 7/22/2011
    West law Office
    West law Office | Russell West
    If using the mesh you are referring to was the Standard of Care in 2000 and the surgeon performed the surgery successfully then you probably don't have a case against the doctor. If the doctor know of problems with the mesh and the standard of care had changed then you might. It sounds like you would have a better case against the manufacturer of the mesh.
    Answer Applies to: Washington
    Replied: 7/22/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    There may be a case against the manufacturer and the doctor. More likely the manufacturer depending on the type of mesh used. We would be happy to investigate this matter for you.
    Answer Applies to: Pennsylvania
    Replied: 7/22/2011
    David Hoines Law
    David Hoines Law | David Hoines
    do you know who made the mesh? should be in records of your treatment
    Answer Applies to: Florida
    Replied: 7/22/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You should see a med mal personal injury attorney. It is a legal field unto itself. Consultations are generally free.
    Answer Applies to: California
    Replied: 7/22/2011
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