Expert Advice When You Need It Most
Do I have a case at all?In late 05 I had a bone correcting surgery that involved breaking the bones in my arm. As a result of the trauma from surgery, a desmoid tumor formed in my arm. I was never made aware of the risk, and they tried to surgically remove it without it being properly diagnosed (which with desmoid tumors, surgical removal can actually lead to them multiplying in size). It took me years of back to back doctor visits to find out what it even was, and now I find I have thousands of dollars in medical debt, few very costly treatment options, and an arm that has grown so painful from the growth I can barely use it at all (When the purpose of the surgery was to increase mobility). Would any papers I may have signed protect them? Attorney answers (3)
Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in Rutland, VT.
As I am not licensed in your state, I can only give you general information. It appears that almost 4 years may have gone by since you had surgery. That causes some concern about whether or not a statute of limitations has already run.
I would suggest that you immediately contact a personal injury attorney in your area who handles medical malpractice cases. Often times medical malpractice cases have a shortened statute of limitations compared to other types of torts. Unfortunately, without reviewing all your medical records, it would be impossible to know what, if any, documents you signed and if they would affect your ability to bring a claim. You should seek counsel immediately.
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Reputation Level 10
Answered over 2 years ago.
Medical Malpractice Attorney in Saint Charles, IL.
It sounds like you have had a difficult time and I am sorry for that. The previous answer is right-- you need to speak with a lawyer right away. It is impossible to answer your question based on the information you have provided-- someone needs to conduct a detailed interview with you and take a look at the relevant medical records in order to decide if you have a case and, if so, if that case can be filed within the statute of limitations. Please don't delay-- waiting could result in you being too late. I wish you the best of luck
Michael Clancy Clancy Law Offices www.clancylaw.com 
Reputation Level 16
Answered over 2 years ago.
Workers' Compensation Lawyer in Chicago, IL.
Aside from the issue of whether you have missed the deadline, here is some more information. In order to succeed in a medical malpractice case, you have to prove that the doctor, surgeon or other healthcare provider was negligent. This means that they fell below the standard of care in treating you. In your case, this could have happened during your original surgery, or during the diagnosis/surgery related to the tumor. If you signed something containing the possible risks of surgery, and your outcome was included, you may have a hard time. In addition to proving negligence, you have to show that the doctor's negligence caused your injuries. If you decide to file a lawsuit, your attorney will obtain the opinion of a medical expert who will review your records.
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