My surgery which led to all my existing problems was 12/06. I have an appointment with this same dr. on 10/23/13.

Asked about 1 year ago - 70544

Will this upcoming appointment do anything to cancel the statute of limitations? He performed lumbar fusion surgery on me and I can't walk anymore. 2 other renown neurosurgeons have looked at my MRI after the surgery and both said they were unable to help me. Both contributed my ongoing problems to a debilitating condition called "Flatback Syndrome". This is a progressive condition which a person is born with or due to poor surgical techniques. All of the indications of Flatback Syndrome have occurred since 2006. I had to have a hip replacement in 2010, as well as cervical surgery which was an attempt to stop "Dead Arms Syndrome". My bladder is now unable to void completely and I have recurring bladder infections. I'm preparing now for another hip replacement surgery. All due FB!

Attorney answers (3)

  1. Craig Bernard Mitchell

    Contributor Level 14

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    Answered . From what you've described your case against the doctor for the 2006 surgery has prescribed (Louisiana's word for statute of limitations running). In Louisiana you have one year from the time you're made aware that malpractice may have occurred but in no event can the suit be filed more than three years after the malpractice event. The fact that other doctors are telling you your problems relate back to 2006 suggest its too late to file. Nonetheless you should still consider setting up a face to face consultation with a malpractice attorney and bring all of the medical record/operative reports you can.

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  2. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Not sure why you waited so long, but you can have a local malpractice lawyer see if there are any applicable exceptions to the SOL as long as there is no SOR.

  3. David Ian Schoen

    Pro

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Some states extend the limitations period for continuous treatment of complaints for the same condition or problem. Consult with a local experienced medical malpractice attorney to see if your facts would qualify.

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