QUESTION

is there a time limit on suing for progressively worse problems from lapband surgery????,

Asked on Jan 25th, 2013 on Medical Malpractice - New Jersey
More details to this question:
had lapband done 4 yrs. ago, during surgery my spleen was cut, then fixed, doctor acted as tho he was not the one who nicked it.... i would get a fill, then they would have to take it out because all i would do is vomit, this went on for over a year and a half, finally i got disguseted, not to mention minimal weight loss within that amount of time, told the doctor something didn't seem right.... here it is, 4 yrs. later, and for over a year, all i do is vomit, even if i eat a forkfull of spaghetti, ,my teeth are beginning to rot, and the embarassment, and frustration, and change of life style is unbelievable, CAN I SUE?????
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The statute of limitations is 2 years from when yhou knew or should have known that the doctor did something wrong. Sometimes, if a doctor does not disclose a medical mistake and leads a patient to believe that the outcome is an acceptable, you can argue that the statute of limitations should be extended to when you actually found out that the prior procedure was done incorrectly. To answer that question, an attorney would have to look at the records. What he is looking for is reassurances and a failure to disclose accompanied by a clear point in time when a patient was put on notice that there was a medical mistake. So, with you, the question is when you were reasonably aware that the post-op course is not what you expected.  What are you doing now? Have you gotten a second opinon and been advised that you need a revision?  If so, the second opinion might be when the SOL of limitations begins running.  As an aside, these cases are difficult because they are frought with complications. I have investigated many, and taken none. That said, your circumstances certainly seem to warrant an investigation.  If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.   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 and here for more information about me. 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 Jan 26th, 2013 at 11:14 AM

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