QUESTION
Can I sue my ex surgeon who was fired from hospital because he botched surgeries along with mine?
Asked on Jul 25th, 2016 on Personal Injury - Michigan
More details to this question:
I went into a hospital because my stomach hurt. He said one surgery and things should be fine. It took 6 surgeries and I still am having problems. They fired him in between times so my last surgeon said he botched it up and he was fixing his mistake. But I’m still sick from it and wondering if I can sue for the offence? He was supposed to take out 6 inches of colon. He took out 12 inches of it and had me on poop bag because first and second surgery had infection and hurt really bad. I had 6 surgeries altogether and still isn't right. It has been almost 2 years. I just don't want to run out of time if I can sue the doctor for something.
1 ANSWER
Ronald A. Steinberg
You can sue the doctor IF: 1) you can prove that he "deviated from the standard of practice in the same or similar communities, and 2) that you sustained injuries/damages as a direct result, and 3) the value of the case is sufficient to not only cover the costs of the suit, but also enough so that the lawyer can make a reasonable return for the time and effort. In Michigan, claims for pain and suffering are capped at about $380,000, give or take. Usually, after costs are reimbursed, there is not enough to justify the time and effort, but you certainly can ask a competent lawyer. In Michigan, a suit MUST be filed within two (2) years of the date on which the malpractice occurred, or within six (6) months of when it was discovered or should have been discovered, so you do not have time to waste.
Answered on Aug 24th, 2016 at 6:07 PM