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Do I have a medical malpractice or failure to diagnosis lawsuit?

Dallas, GA |

I went to the er in june 2006 sob and chest pain. they took blood and ct scans (I have a history of PE) They said no pes and sent me home. Went back same symptoms on 11/4/06 and 11/19/06.On 11/24/06 I went into cardiac respiratory failure, renal failure, and coma. I suffer now from paralyzed lung, short term memory loss and constant pain. After a recent xray my primary care said my IVC filter was broken to follow up with the surgeon that put it in. While talking with him last week I JUST find out that it was broken in 2006 NO ONE EVER TOLD ME. He now tells me that there is also a piece of metal shard in the main muscle of my heart. NOW I may have to have two surgeries to remove the pievce in my heart as well as the broken piece next to the filter at this point they could be deeply embeded

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Attorney answers 2


Given the time delay your time to file a lawsuit unfortunately may have expired. You need to talk with a local malpractice attorney ASAP since time is of the essence.

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.


I am in accord with my colleague. The Statute of limitations may have already ran on this case. However, by the fact that you just found out or were told of the broken IVC Filter by your physician, there is a chance that a court may allow you to proceed under a theory of recent discovery. Do not sleep on your rights and see a local attorney to make certain that you can proceed. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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