Can I sue for a past surgery? 32 Answers as of February 20, 2012

Had a mastectomy in 1998. Then had flap surgery - cutting across entire stomach, removing stomach muscles, and attaching mesh to hold in organs. Stomach was extended and hard. Surgeon said it was normal. Sought second opinion, and surgeon discovered the mesh was not attached and was floating in my stomach.I had to have the entire surgery done again. The first doctor was part of the Ct Surgical group, but left shortly after my surgery, The second doctor is head of the Ct surgical group. This info can be substantiated. I should have sued at the time, but was going through very difficult divorce. Can I sue now?

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Every state has statutes of limitation that restrict how long a person has to initiate a lawsuit. In Oregon the general personal injury statute of limitations is 2 years. In certain circumstances this can be extended (for disability, minority , failure to realize the damage, etc.). Whether you can sue will likely depend on whether your case falls within one of the limited exceptions to the statute. You should seek the advice and counsel of a personal injury attorney that specializes in medical malpractice.
Answer Applies to: Oregon
Replied: 7/26/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
I understand that your mastectomy occurred in 1998; however, I am unclear as to when you learned of the floating mesh in your stomach. Typically, in Louisiana ,you have one year from the date of discovery or at a maximum, 3 years from the alleged malpractice. Unfortunately, without additionally information I cannot verify if you still have a legal right of recovery.
Answer Applies to: Louisiana
Replied: 7/26/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
It is probably too late. The statute of limitation is three years from the date you knew or should have known that your could sue, but not more than 6 years from the date the malpractice occurred
Answer Applies to: South Carolina
Replied: 7/26/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You have probably missed your change to sue because of the time that has gone by, but you should talk to a lawyer in your area as soon as possible and discuss the case further. There are sometimes exceptions to statutes of limitations that allow a lawsuit many years after a negligent event. It is possible that some further information from you would reveal a way around a statute of limitations problem.
Answer Applies to: Florida
Replied: 2/20/2012
Harris Personal Injury Lawyer
Harris Personal Injury Lawyer | Philip C. Alexander
You should immediately consult an attorney. Medical malpractice claims have certain time frames (statute of limitations) in which you can bring your claim, depending on when you discovered or should have discovered the injury.
Answer Applies to: California
Replied: 7/25/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Ryan D. Harris
    The statute of limitations for medical malpractice in California is one year from the date of discovery of the malpractice.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    In Texas, the statute of limitations for medical malpractice cases is two years from the date of the malpractice. You must file a suit within that time period or your claim will be barred.
    Answer Applies to: Texas
    Replied: 7/25/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    The statute of limitations has expired as has your case.
    Answer Applies to: Virginia
    Replied: 7/25/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Not clear about your dates of service. In NC there is a 3 year statute of limitation on malpractice
    Answer Applies to: North Carolina
    Replied: 7/25/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    The statute of limitations for a medical malpractice case In WA State is 3 years. Your claim is statute barred. You cannot now sue for a surgery you had since 1998.
    Answer Applies to: Washington
    Replied: 7/24/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You may be able to file suit depending on when the second surgery occurred. That is when you discovered that the first surgery was not done correctly.
    Answer Applies to: Oregon
    Replied: 7/24/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    If the surgeries were more than four years ago, your statute has run out.
    Answer Applies to: Alabama
    Replied: 7/24/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Too late in Florida.
    Answer Applies to: Florida
    Replied: 7/24/2011
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    You may sue for a past surgery as long as the time limit (statute of limitations) has not passed. If you live in Texas that it will be very difficult to have a lawyer willing to handle your case because of all the changes that have taken place over the last 10/15 years. Doctors can pretty much practice medicine without fear of medical malpractice lawsuits nowadays, at least in Texas.
    Answer Applies to: Texas
    Replied: 7/24/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, we have a statute that forbids bringing a claim against a health care provider more than 4 years from the actual negligent act unless the doctor has fraudulently concealed your cause of action from you. I would speak with an attorney to handles medical malpractice cases as to whether you are able to bring the claim.
    Answer Applies to: Florida
    Replied: 7/24/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Consult with a plaintiff's medical malpractice lawyer to see if the statute of limitation has expired regarding your alleged personal injury claim.
    Answer Applies to: Indiana
    Replied: 7/24/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    The question is when did you have the diagnosis that the mesh was not attached? Your statute of limitations would be being to run from that date. The nasty divorce would provide you no excuse for not filing timely.
    Answer Applies to: California
    Replied: 7/24/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Probably not as it happened too long ago. You have 2 years to bring lawsuit. But if it was not discovered until recently then maybe have a chance.
    Answer Applies to: Florida
    Replied: 7/24/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I don't know what the statute of limitations is in Connecticut for medical malpractice. You need to consult with a lawyer right away.
    Answer Applies to: New York
    Replied: 7/24/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Medical malpractice has a statute of limitations of two years.
    Answer Applies to: Utah
    Replied: 7/23/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Every state has certain time restrictions to file a complaint in court or your claim is forever barred. Usually with medical malpractice, the statute of limitations is 2 or 3 years from the date of the wrongdoing or 2 or 3 years from the date you discover the wrongdoing. I cannot tell your timeline based on the information you gave. Hopefully, this helps.
    Answer Applies to: Massachusetts
    Replied: 7/23/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Usually a 2 year statute of limitations. If this is from 1998 it is too late.
    Answer Applies to: Florida
    Replied: 7/23/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    There is usually 2 year statute of limitations for filing a malpractice action. There is an exception when the problem is not discovered until later. Any lawyer filing this matter would have to evaluate it carefully based on the medical records to determine when potential liability was discovered.
    Answer Applies to: Pennsylvania
    Replied: 7/23/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, you have two years to sue for medical malpractice.
    Answer Applies to: Michigan
    Replied: 7/23/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Statute of Limitations started running when you received second opinion. Unless that opinion happened in last couple of years your claim is barred.
    Answer Applies to: California
    Replied: 7/23/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probably not. Statute of limitations in 1998 was one year. I am not sure what it was for med mal. There is potentially an issue re discovery of the wrong. Your post does not disclose that. Suggest you contact local personal injury lawyer.
    Answer Applies to: California
    Replied: 7/23/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    The med mal statute of limitations in Florida is 2 years from the date of malpractice or 2 years from the date you knew or should have known not to exceed 4 years. It thus appears you are way beyond the S/L.
    Answer Applies to: Florida
    Replied: 7/23/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Not in Oregon. The statute of limitations is two years, and begins to run when you knew, or reasonably should have known that you were injured. It appears that you know more than two years ago that the doctor had made a mistake and injured you.
    Answer Applies to: Oregon
    Replied: 7/23/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    I am sorry to hear about your difficulties. In Oregon, you only have five years from the incident date, i.e. the negligence, in which to bring a claim no matter what reasons there may be for bringing a claim sooner. Given that your injury occurred in 1998, you are precluded from bringing a claim now.
    Answer Applies to: Oregon
    Replied: 7/23/2011
    The Reed Law Firm, P.L.L.C.
    The Reed Law Firm, P.L.L.C. | Vanessa Reed
    The statute of limitations for personal injury in Virginia is 2 years. However, certain exceptions can and may apply. You should contact a personal injury attorney as soon as possible to discuss your possible claim and the statute of limitations issues.
    Answer Applies to: Virginia
    Replied: 7/23/2011
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