It has been one month over 5 years since the surgery took place yet I only discovered the real damage caused by the surgery do I have a lawsuit?

It is possible that you may still have an opportunity to file a lawsuit.  In most states the statute of limitations does not begin to run until you know if the injury and/or damages it has caused.  The laws regarding medical malpractice/negligence and statues of limitations vary from state to state so it is best that you check your state laws to be sure.  I recommend that you gather all your medical records and then make an appointment to discuss it with a medical malpractice attorney in your area.  You should be able to get a free consultation without a problem but most attorneys will want to look at your medical records during this consultation to determine if they can help you.  The attorney will be able to give you more advise on your state laws regarding medical malpractice and the statute of limitations regarding this issue. I hope this information helps you. 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 information.