In the state of LA, I think the statute of limitation for a botched surgery is 2 years. If so, my question will be invalid, so?

Asked 12 months ago - Jeanerette, LA

I underwent a total lumbar fusion on 12/27/06, performed by Dr. Christopher Cenac in Houma, LA. I was in a boating accident 3 years prior to the surgery date. I flew to the front of the boat when we hit a submerged log and began having problems with sciatica. He performed an 8 hour surgery on me, putting 40 staples in my back. At my first visit post-op visit, in Jan., I could hardly move, but he said my x-rays looked great. See you in a month. When I complained of the intense pain, he ignored me. My last appointment on 8/25/08, hardly able to walk, and in tears, he told me you were just too young to have such an invasive surgery. I obtained my records several months ago, and it is well documented on 8/25/08: Assessment: FAILED LUMBAR BACK FUSION.

I have Flatback Syn,; can't walk

Attorney answers (5)

  1. David Sherman Cook

    Contributor Level 10

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    Answered . Sorry, but any claim you might have had has expired. In Louisiana, a claim must be filed within one year of the act of malpractice, or within one year of your discovery of the malpractice - but no more than three years from the act of malpractice. Since your surgery was on 12/27/06, you would have had, at most, until 12/27/09 to file a claim regarding your surgery. Even should you maintain, however, that the act of malpractice was not the surgery itself, but some alleged failure to follow through with appropriate post-operative care, you would have had to file a claim within three years of your last appointment, or by 8/25/11. Since it appears that you have not filed a claim, I am afraid that it is too late to do so at this time. Your best bet is to seek the advice of another competent spine surgeon, who may be able to help you. Good luck.

    David Cook is a Personal Injury and Medical Malpractice Attorney licensed to practice law in the State of... more
  2. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Double check me, but your time has expired. Sorry and good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Stephen Ross Cohen

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    Answered . Jeff is correct.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . I believe you are out of time.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Christian K. Lassen II

    Pro

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    Answered . You are likely sol for the sol

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