QUESTION
My OBGYN sewed my lower nowel in half, and found out she lost her license for having a mental condition.
Asked on Jan 15th, 2013 on Medical Malpractice - Nevada
More details to this question:
My obgyn did two surgerys on me and cut me hip ti hip both times, and wasnt supose to. I went in for a hysterectomy, she only did a partial and said id have to have another surgery soon. and I did, so she cuts me hip to hip again, then said id have to have a third for tumors on my ovary, we kept asking why she didnt take everything the first or second time and got no response. Years went by and i was very ill and doctors didnt know why, I couldnt hold any food down for years, i lost almost 150 pds. Noone could figure out what was wrong with me until i went in for the final surgery years later in 2011, when i woke up he told me who ever did my surgerys butchered me and sewed my bowel in half, he took photos of the mess she made of me. I just found out that she lost her medical license for mental conditions. but years later got it back. she put me thru living hell and I dont think she should be operating on anyone ever again much less babies. do i have a case?
1 ANSWER
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John J. Ratkowitz
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It sounds like you have a case worth investigating. You are going to have to overcome a statute of limitations defense, but if given the fact that you did not find out about her negligent surgery because she hid the facts from you, you can probably get past that problem.
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.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can expect when filing a medical malpractice case.
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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 16th, 2013 at 8:53 AM