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

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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. Best answer

    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.

  2. 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. 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.

    Don't forget to check "Helpful" if I helped you out. This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances. My responses are also given in the context of the laws of the State of Louisiana. To the extent this comment involves principles of law governed by another state my comment merely reflects my opinion and should not be considered legal advice.