QUESTION

If I had my ovaries and fallopian tubes removed in 2008 and I just had surgery for the same thing, can I do anything about it?

Asked on Jul 30th, 2013 on Personal Injury - Florida
More details to this question:
N/A
Report Abuse

7 ANSWERS

Ronald A. Steinberg
Yes. The first doctor must have either not done the procedure(s) but still charged you for them, or you grew back all of those organs (which is highly unlikely).
Answered on Sep 11th, 2013 at 12:44 PM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
I am assuming you want to sue whoever did or did not do the 2008 procedure correctly? This is a medical questions. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.
Answered on Aug 01st, 2013 at 8:48 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
I'd need more info to be sure, but it sounds like fraud to me: they certainly don't grow back, so if you had surgery to have them removed in 2008 and there they were in 2013, it sounds like they were not in fact removed in 2008. If that is the case, then it's fraud rather than malpractice or negligence and the statute of limitations on that in NY is 6 years. Still, I'd need to ask more questions and look at all of the medical records. I've seen a lot of problems in my day, but I haven't seen that one before.
Answered on Jul 31st, 2013 at 8:17 PM

Report Abuse
James Eugene Hasser
You'd be too late in Alabama.
Answered on Jul 31st, 2013 at 5:21 PM

Report Abuse
Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
Yes. It sounds like fraud took place. Contact an attorney who can look into this for you.
Answered on Jul 31st, 2013 at 3:53 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You had a problem 5 years ago. Now you are having a similar problem. You want to blame somebody for the 5 year old issue? You probably have nothing. doctors don't guarantee their work and you don't get a lifetime guarantee when surgery is done. you don't have a legal problem. You have a medical problem. Talk to a doctor you trust and see what he thinks.
Answered on Jul 31st, 2013 at 3:14 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
There is a statute of repose that says you cannot sue a health care provider for a negligent act that occurred more than 4 years in the past. Typically the statute of limitations involving medical providers is 2 years from the date you discovered the malpractice, but the statute of repose is an absolute bar to malpractice occurring more than 4 years in the past.
Answered on Jul 31st, 2013 at 1:32 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters