QUESTION
Can I sue my doctor for medical malpractice?
Asked on Mar 14th, 2013 on Personal Injury - Michigan
More details to this question:
My doctor performed endometrial ablation on me four years ago. I had this as an outpatient procedure. This was to prevent prolonged bleeding during my menstrual cycle. I still have heavy bleeding which causes bad headaches. He wants to perform a totally hysterectomy on me but I won't let him.
4 ANSWERS
You might be barred from bringing a claim for the incident four years ago. As for your current situation, find another doctor.
Answered on Mar 17th, 2013 at 11:03 PM
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Andrew T. Velonis, P.C.
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The statute of limitations may have expired. In NY the statute of limitations is 30 months from the most recent treatment for the condition that is the subject of the malpractice. Medical science is not an exact science, and there is no contractual guarantee that the procedure would work. So, the dr. tried the ablation first, to see if it would work. It didn't, so now the dr is advising the next step. It is up to you to accept that advice or not. The ablation did not cause the need for the hysterectomy, it simply did not alleviate the underlying condition. If the dr had done the hysterectomy without trying the ablation first, you might be complaining that he/she should have tried the more conservative step first.
Answered on Mar 15th, 2013 at 10:06 AM
James Eugene Hasser
Sorry, you're too late. You had 2 years from the surgery.
Answered on Mar 14th, 2013 at 3:54 PM
Ronald A. Steinberg
No, for two (2) reasons. 1st, malpractice suits must be filed within 2 years of the date on which the malpractice occurred. 2nd, the fact that the procedure did not work does not mean that the doctor had committed malpractice.
Answered on Mar 14th, 2013 at 3:54 PM