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Do I have a valid malpractice case, and how long do I have to file after a surgical error?

Orange, CA |

I had surgery on my hand last summer to relieve complications from a torn thumb tendon. It was supposed to be a quick procedure and quick recovery. However, the surgeon didn't check if I was fully anesthetized before he started cutting. (He said he normally pokes anesthetized patients with a needle first.) When he started cutting, my arm reflex-jerked, and he cut a major nerve in my thumb. He immediately sutured the nerve. He's attempted to rehabilitate the nerve with little result. I'm numb on one side of the thumb and hypersensitive on the other. I have difficulty performing fine tasks and sometimes drop things due to the numbness. I have a lot of pain and am on constant strong pills because of the hypersensitivity. There has been some tissue wasting, and sometimes my whole arm hurts.

Attorney Answers 7


  1. Consult with a local medical malpractice attorney.


  2. You will need to have a lawyer and medical expert surgeon review your records. Some of the facts sound a little odd. Normally it is the anesthesiologist who will confirm an effective nerve block. I don't know what reflex exists in that area of your hand but obtain your records to review the documented description of the procedure.


  3. When it comes to medical malpractice, the best place to start is to consult with an experienced malpractice attorney immediately if you believe you have a claim. The attorney will request copies of your medical records and speak with experts in the field to determine if you have a claim.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.


  4. if the doctor is a private doctor, you have a 1 year statute. However, med mal statututes can get complicated so your best bet is to find med mal lawyers in your area and start making calls. I know there are some very good lawyers in the Orange County area that handle med. malpractice cases. Good luck.


  5. Have a local malpractice lawyer investigate


  6. You have one year from the date of knowledge, not to exceed three years from the date of incident. You should request your medical records and promptly consult a med mal attorney


  7. You may have a vaild medical malpractice claim and it may involve more than your suregon, e.g., the anesthesiologist. There is generally a one year statute of limitations but your statute may be shorter depending on the circumstances. You should contact a lawyer practicing in this area immediately to discuss your claim.

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