Can I still file a lawsuit for a surgery that I had in 2004?

I am not licensed in AL and can offer you only general advice. However, you will need to check with an AL lawyer for the specific limitation periods. I would be very surprised if AL had a limitation period that would allow you to file suit for a 2004 act that may have been negligent. You should contact a local lawyer immediately.

Having said that, the impairment to the nerve that was injured during your fusion is likely a risk of the procedure. Review the consent form for the surgery or have it available for your lawyer to review. Sometimes even a risk that is listed in the consent form can still be actionable. The decision to pursue a claim covered by the consent form (knowing that there is a defense to the claim) is a difficult decision. My fear is that you will have a difficult time finding a lawyer to assist you (even if the limitation period has not expired) because there is a plausible defense as well as the passage of a great deal of time. You have not indicated what lung disease you feel may be related to the surgery, but if I am a betting woman, I would guess that if you have a chance of relating some kind of pulmonary issue it would have to be inspiratory or restrictive disease (like Asthma) because the nerve that innervates the vocal cords also innervates the muscles of inspiration. That is going to be a very tough case. In addition, there will be liens filed by your health insurance carrier for repayment of the surgery to repair your vocal cord and any treatment related to the claims you make.

This will be very difficult, but you should call a local lawyer right away.

Betsey Herd
Tampa, Florida