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If my current doctor has told me that my pain was from previous medical mistakes and he has fixed it. do I have a case?

Etters, PA |

I have been disabled for over 6 yrs . I had an emergency surgery on my back in 2006 at Hershey Med Center. the doctor told me I had blown 2 disks and bulged 2 disks. 7weeks later another surgery for the same disks. After 6 years of pain and numbness, being home bound because of not being able to drive properly, I have had a nuero stimulator implanted that was a fiasco because of scar tissue build up and not being placed in a timely manor.
I just had a 3rd surgery on my back and OIP doctor told me that the other doctor didn't do the right thing by not stabilizing my backbones. I feel better today than I have in 6yrs. Can I go back on the original doctors/hospital for the pain and damage they have done?

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Attorney answers 7


Yes, ... if the original doctor deviated from the acceptable standard of care in not stabilizing your backbones. There is a difference between "your original doctor caused it" vs. "he deviated from the standard of care". Its possible that he caused it and did not deviate from the standard of care.

You need to ask the OIP Dr. if in his medical opinion, the original doctor deviated from the acceptable standard of care. The statute of limitations in Pennsylvania is 2 years from when you knew, had reason to know or should have known of the negligence.

Sounds like a case worth investigating.

Good luck

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You may have a case, however, evaluation for medical malpractice claims are complex, I suggest speaking with a personal injury attorney as soon as possible to truly assess the viability of your claim.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney


You received good advice from Attorney Fardo. Something should be added. You need to discuss this with a lawyer in your area IMMEDIATELY. Medical negligence cases are governed by statutes of limitations--if a case is not filed by a certain time all rights to bring a claim are forever lost. THe statute of limitations on a medical negligence case is two years from the date of the negligence. You are way past that! Pennsylvania does follow the discovery rule--the time does not begin to run if the injury from negligence is not obvious and the patient does not know. THe two years does not begin to run in this circumstance until the patient knows or should know that the condition may be due to negligence. Some years back, under the guise of so-called "tort reform" passed by the Republicans, this rule was limited. It is still two years from when a patient know or should have known of the potential negligence but it cannot be longer than 7 years from the date of the original negligence. I can't tell in what you wrote if the original negligence was more than 7 years ago. Regardless of whatever issue involved in this case--whether their a deviation from the standard of care that cause you an injury--you need to make sure the time to file is still available to you. Call an attorney immediately to see if this rule wil apply to you and if their is still any time available to you


Unlikely, but call one of the above lawyers in my state immediately to order the medical records to investigate.


Could be, but I wouldn't get my hopes up. Have a local med mal lawyer order your records and review them at the minimum.


At this point your biggest hurdle is the SOL. Consult with a local medical malpractice attorney immediately to see if anything can be done in this regard.


If doctor causes your pain and suffering by "breaching the standard of care" then you can be compensated for your injuries. In order to prevail in these kinds of cases, you will need an attorney who will hire medical experts to review your medical records. If those experts believe that the original doctor who performed your surgery made an unacceptable mistake, than you have the basis for a medical malpractice claim.

HOWEVER, every legal claim, including medical malpractice claims have a statute of limitations. In other words, even the best medical malpractice claims have an expiration date. It is essential that you contact a medical malpractice attorney immediately to see if your expiration date has passed.

This web site is designed for general information only. The information on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should contact your attorney to obtain advice with respect to any particular issue or problem. Because every case is different, the description of awards and cases previously handled does not guarantee a similar outcome in current or future cases.

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