QUESTION

A little more than 5 years ago, my mom had a partial hysterectomy. That doctor made a serious medical mistake, can my mom still sue this doctor?

Asked on Aug 20th, 2012 on Medical Malpractice - Maryland
More details to this question:
She recently had surgery this past week to get was supposed to be one ovary removed. They had to take both of her ovaries and appendix. While the surgon was in there, he found that alot of the organs had adheard to the bowels as a result of not being properly moistoned with a saline solution to fill the abdomen/pelvic area before closing it up. She had been in pain for years and alot of times, sick as a direct result of the doctor''s malpractice after the partial hysterectomy. They had to give her antibiotics because she developed infections as well. We just found out about the doctor''s negligence while my mom was in recovery. Does she have a case?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I am not sure that you will be able to prove that the complications following the partial hysterectomy occurred because of negligence. A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Aug 22nd, 2012 at 10:12 AM

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