Medical malpractice lawsuit

Question

in 2003, i had an operation for a herina operation only and without my

knowledge they took out my gallbladder at the same time. a gallbladder is

not a hernia and in 2008, i just found out about it and that is why i can not lose weight and i have been in pain for 5 years and there is a bulge

in the middle of my stomach and it hurts and no doctor will fix it.

is the statute of limitations is up according to lawyers. is that true ?

because i want to sue for medical malpractice.

Answer 1

Having your gall bladder removed will not result in the inability to lose weight.  

Most surgeons will include a clause to the effect of "any other indicated procedures"  Which would mean if they felt it was necessary to the successful outcome of the surgery they could proceed without specific consent.

However, you need to get a copy of the operative report and the pathology reports.  You need a copy of the original consent and you need a lawyer.

There is no real statute of limitations on malpractice.  The complications of a failed surgery may come years later.  

Answer 2

Yes.  Statute of limitations usually expires 2 years from when you knew, or should have known, what happened.

Answer 3

Well if they thought that your gall bladder was that bad maybe thats why they took it out??

If theres no blood or a dead body you'll be lucky if you can even get a lawyer to take the case.

Answer 4

The doctor who answered is spot on.  The statute of limitations doesn't normally apply to medical malpractice because of the complications, but you don't not lose weight because of your gall bladder being gone.

Answer 5

The statute of limitations is typically a certain number of years after you find out about the error, or should have found out about the error.  I'm not sure why the removal of the gallbladder would cause pain and such...people have those removed all the time with little or no complications.  See a lawyer for more information.