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I had a tummy tuck and breast augmentation back in August 2009. I almost died. Is there any option to sue left in California?

Sun City, CA |

I had a tummy tuck and breast augmentation back in August 2009. I was sent home the same day with a one hour drive. I was bleeding internally. The emergency room doctors would not operate and made the plastic surgeon drive down because he only knew what he did. I believe he sewed my upper muscles back too tight. I now believe I didn't even need a full tummy tuck. I'm very petite. Should have gotten a mini. But the doctor had talked me into a full. I have a horrible scar from him having to rip me open again. I have panic attacks still from the trauma. I was not allowed any pain medication in the emergency room because of low pulse. It was like being cut up from serial killer and left in pain. Medical bills were $50,000. If a new doctor discovers that it wasn't done correctly can I sue now?

Attorney Answers 5


  1. You are FOUR years out from the medical event. Why???

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. There are deadlines known as statutes of limitation that limit the time to file.


  3. The crucial question is when you knew or should have known of the alleged malpractice because the statute of limitations runs from one year from that date.

    This is not legal advice and does not create an attorney-client relationship. This is not legal advice, it is only legal information. You should consult an attorney if you have any questions regarding this matter.


  4. Seek a free consultation with a local personal injury attorney who handles medical malpractice. Many offer free 30 minute consultations. It may be too late under the Statute of Limitations. There are some exceptions - thats why you need to discuss the details with an experience attorney in your State. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  5. Unfortunately, based on the information you provided, the statute of limitations has run. In other words, it would be too late to bring a medical malpractice lawsuit for your 2009 surgery.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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