I am sorry to hear about this. The issue is going to be whether the first doctor's conduct fell below the standard of care for this type of procedure. In order to prove this, an expert witness will likely need to be hired, which is usually another doctor willing to testify against the first doctor. It sounds like your second doctor has already essentially stated as much. I would ask the second doctor if he thinks that it was below the standard of care and if he would be willing to assist you if you pursue an action against the first doctor. If the second doctor is unwilling, you can still hire an expert witness who has not treated you to testify as such, if you can find one to come to such a conclusion. I would go ahead and request the medical records from the date of the surgery to present from both doctors and start calling attorneys in your area who handle medical malpractice cases. Tell the attorney that you have the records (or have requested them) and would like a consultation (most are free). You should also become familiar with your medical records. Please note that you are likely limited to a 2 year statute of limitation in which to bring this action, however, a local attorney in your state can help you better determine this time limitation and any other specific state laws which may impact your potential case. Please also note that most state laws make it very difficult to sue a doctor or other health-care provider. These cases are difficult, time consuming, lengthy and expensive, but not impossible. Your damages must be high and the liability clear. Thus, I recommend you start consulting attorneys in you are still interested in pursuing this potential case. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Sep 11th, 2012 at 5:12 PM