Home > Research Legal Advice > Medical Malpractice > Medical Malpractice--are there grounds for a claim?
Asked over 4 years ago - Athens, GA
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Where do I start with this? This is complicated. I was diagnosed with endometrial cancer in 2004, had surgery and underwent radiation therapy.
However, prior to 2004, my gynecologist performed a total hysterectomy due to severe endometriosis, and I continued to see him annually for my checkups with the last one being in July 2003. He did not find the large tumor through pelvic and anal exams, which due to the size of the tumor was easily detected by my surgeon's exam in February 2004 It seems there is negligence: (1) all endometrial tissue was not removed during his surgery; and (2) the tumor wasn't detected/diagnosed through annual exams.
In addition, the tumor had enveloped my left ureter and a urologist joined in the 2004 surgery to tie off the ureter because he had previously determined that the left kidney wasn't working. No new tessts were performed to verify this.
Last May, I was in an auto accident and emergency room CTs showed severe hydronephrosis in the left kidney. I saw the urologist about a week after the accident and he said not to worry about the large kidney as it wasn't functioning.anyway (no tests were done, however). Well, I saw another urologist for a second opinion, and he concluded that the kidney should be removed due to its size (small cantaloupe). That surgery occurred in July 2008. According to the second urologist, the kidney was functioning, although very little but enough to produce urine.
So, due to two different doctors, I have gone through cancer and now have only one kidney.
Any advice or direction would be so helpful. Thanks. \\
Determination of medical malpractice liability is of course extremely complex and requires detailed evaluation of the medical records by a qualified medical specialist who deals with the same conditions and procedures. I would not attempt a guess that that online. The cost of experts, depositions, etc., to prepare such a case for trial is typically $50,000 to $100,000, and normally the lawyer has to advance that expense because the client cannot. The defense wins 80% of medical malpractice cases, and we get paid and reimbursed our expenses only if we win. Therefore, we have to be very careful in deciding which cases in which we will invest both our time and our money.
You should be aware that Georgia has a two year statute of limitation for medical malpractice claim with a five year statute of ultimate repose. The two year statute runs, essentially, from the time there were symptoms to indicate there was something wrong, which could have led to discovery of the alleged malpractice. If five years pass without filing suit, it is gone, no matter what. If you start with the February 2004 exam, you are almost to the end of the five year statute of repose period. Personally, I would be unwilling to invest in such a long shot case so near the end of the statute of repose period.
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