You certainly have a cause of action against the surgeon, but if you heal properly, the question is whether the case is financially viable.
Medical Malpractice cases are very costly to pursue. Additionally, they are very time consuming for attorneys because (a) each case involves complicated issues of law and medicine (b) every stage of the litigation process involves extensive preparation and (c) most cases are defended up to the point when they are scheduled for trial, and often through trial. Generally speaking, a patient must sustain a permanent injury that will have a significant impact on his ability to function to warrant the time and expense of a medical malpractice lawsuit.
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.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here for more information about me. Click here for more information about my firm.
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 27th, 2012 at 9:58 AM