QUESTION
Can I hold my doctor liable for bad medical procedure?
Asked on Jul 21st, 2011 on Personal Injury - California
More details to this question:
When mesh was used for rectal prolapse repair in 2000 and disintegrated, and later repaired in 2003 I was told the mesh caused the problem and scarring, however was led to believe by surgeon this was nothing I could do about it, only now to find out after still not healing from the 2003 surgery that there are problems with mesh. I have only just discovered this and yet I have been unable to work due to the illness it caused for the last year and a half. Can I hold anyone responsible in order to have further surgery to attempt to repair the damage?
13 ANSWERS
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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I don't handle medical malpractice claims. Please seek the advice of a personal injury attorney that specializes in this area.
Answered on Jul 27th, 2011 at 5:49 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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First of all, sorry to hear you've had such trouble. Depending on which type of mesh you had and the time frames surrounding your treatment, it is possible for you to be compensated for your loss. You should look for an attorney in your area that does products liability and/or medical malpractice and speak with them immediately. As you may know, there are time frames in NY that can be quite short called the statute of limitations. Sometimes these can be tolled by a disability, by something known as the "discovery doctrine" or something known as the "continuous treatment" doctrine. Either way, you must consult an attorney immediately. If you do not know of one in your area, I may be able to find one for you. Good luck and I hope you get well soon.
Answered on Jul 22nd, 2011 at 2:32 PM
Yes, a physician can be held liable for negligence which causes harm. However, the initial hurdle in your case will be whether your time to commence a claim has run out. If you intend to pursue this matter, I encourage you to contact an attorney immediately.
Answered on Jul 22nd, 2011 at 2:31 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If the mesh was defective, you may still have a valid claim. You should contact an attorney right away as this is time sensitive.
Answered on Jul 22nd, 2011 at 2:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have 2 problems: first the statute of limitations, generally 3 years; second, you must find a doctor who believes what you think is true and is willing to testify for you. All bad results are not malpractice or product defects nec essarily
Answered on Jul 22nd, 2011 at 1:25 PM
May be, if the doctor was negligent. Consult with and/or seek the legal advice of a medical malpractice lawyer.
Answered on Jul 22nd, 2011 at 1:22 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Its doubtful that you have a claim against the doctor as he was not negligent. You may, however, have a products liability claim against the manufacturer of the mesh. You should really speak to a medical malpractice attorney.
Answered on Jul 22nd, 2011 at 12:59 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe although it may too late. Call medical malpractice attorney
Answered on Jul 22nd, 2011 at 12:56 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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There may be a product liability case against the mesh manufacturer. There have been recalls of medical mesh products the last few years. Your medical records should show the exact manufacturer and model of the mesh used in your surgery. Once you have that information you should be able to determine if the mesh in your body is one of the mesh products that has been recalled. Even if it has not been recalled yet there are legal steps (including possible litigation) that can be taken on your behalf. You really need to get an attorney experienced in product liability cases involved with this. There are statute of limitations issues here so you must move quickly.
Answered on Jul 22nd, 2011 at 12:23 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can't hold the surgeon responsible as there is a statute of repose that prohibits you from suing a health care provider more than 4 years after the negligent act, regardless of the date you discovered the negligence.
Answered on Jul 22nd, 2011 at 11:08 AM
If using the mesh you are referring to was the Standard of Care in 2000 and the surgeon performed the surgery successfully then you probably don't have a case against the doctor. If the doctor know of problems with the mesh and the standard of care had changed then you might. It sounds like you would have a better case against the manufacturer of the mesh.
Answered on Jul 22nd, 2011 at 10:51 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You may have a claim against the manufacturer of the mesh if it was defective. Get the name and model of the mesh used. It should be in your operative records. Then google it and see if any lawyers are handling cases for that model claiming it was defective. Good luck!
Answered on Jul 22nd, 2011 at 10:51 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Your claim is probably barred by the statute of limitations. You were told in 2003 that your problems were caused by the mesh. 8 years later you are still having problems. The statute of limitations expired 7 or 8 years ago.
Answered on Jul 22nd, 2011 at 10:50 AM