Skip to main content

Is it possible to sue my gynecologist/hospital now that it has been 6 months since the surgery?

Newton, NJ |

I had a procedure to remove cysts from my ovaries. They woke me after they had already started to ask me if they could do a hysterectomy. 2nd surgery the next day. Spent 4 days in the hospital in total pain, no one came to check my bandages the whole time. On the last day, my surgeon came and took them off. They had formed huge blisters underneath, causing the pain. She said the nurses didn't check because they know better than to mess with her patient. After, she said I had cancer and had to see her Oncologist within 2 weeks. I went to someone else who said that I didn't have cancer and he did not think I should have even had the surgery I had. I am depressed, Can no longer have kids, have a huge scar and need advice. Hopefully its not too late.

Attorney Answers 6


  1. Yes, you are well within time, which is 2 years from the date that the improper treatment occured. At the same time, medical negligence cases take a lot of time to investigate, so you should contact an attorney to help you. I can provide a more in depth answer once I hear more of the facts, feel free to contact me to discuss.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


  2. The statute of limitations for this case has not passed, so presuming you have a case, you can bring it.

    I highly suggest obtaining all your medical documents and speaking with a lawyer as soon as possible. I would be happy to talk to you.


  3. You should consult with a local malpractice attorney ASAP and begin assembling your medical records.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. I am sorry this happened to you. You are well within the statute of limitations, but I would highly recommend that you contact a medical malpractice attorney asap to determine if you have a claim. Feel free to contact my office for a free consultation.

    Please note that this is for informational purposes only and that an attorney-client relationship is not formed until a retainer agreement is signed.


  5. It certainly sounds like you have a case worth investigating if there was no medical reason to perform the hysterectomy. At the very least, you have a claim based on failure to give informed consent.

    Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 jratkowitz@starrgern.com Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Skype: john_ratkowitz Web: www.starrgern.com


  6. Sorry to learn what happened to you. As a general rule you have two years to file a suit. The problem with potential cases is that just having a bad result may not be malpractice. The cases are extremely expensive to bring and most lawyers who do a lot of this kind of work reject 90-95% of the cases for one reason or another. We have a nurse who can take your information and then have a doctor review it at no cost to you. Please call during working hours at 856.779.9500.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics