Maybe. you should consult a medical malpractice attorney.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
I'm very sorry to hear of your situation. Did the disfigurement follow the first surgery? If so, you may have no case because of the statute of limitations which requires that a case be filed by a certain date. If the second procedure caused you harm, there may be a claim. I would need to ask you some questions in order to determine whether you might have a case. Please feel free to call any time to discuss.
Good luck with everything.
Nothing in this email is to be construed as legal advice, or as a solicitation to create an attorney/client relationship.
I highly suggest contacting a medical malpractice attorney in your area immediately to further evaluate your claim. As the last response indicates, there is a time limit, legally referred to as a statute of limitation, in which you can file suit. However, in certain circumstances, this time limit can be tolled. It is difficult to tell from your question when the cause of action started to accrue i.e. when the clock started ticking to file a claim. Therefore, I highly suggest contacting a medical malpractice attorney in your area immediately to further evaluate your claim before time runs out, if it has not already.
Pursuant to AVVO community policies and guidelines, the content of this post is intended for informational purposes only. It should not be considered legal advice and does not form an attorney-client relationship. Therefore, it should not be relied upon to take or refrain from taking any legal action without first seeking the advise from an independent licensed attorney in your jurisdiction. This post also does not intend to solicit business and may be considered attorney advertisement in some jurisdictions. Statements of prior results do not guarantee a similar outcome. Stefano V. D'Agostino, Esq., is license to practice only in Massachusetts.
Although the statute of limitations can be tolled in some situations, it sounds from your description as though the effects of this surgery were known soon after it occurred. There is a 3 year statute of limitations in Massachusetts for medical malpractice claims so more likely than not you are barred from pursuing a claim. If you have any doubt, you should immediately contact an attorney who specializes in medical malpractice.
Sign up to receive a 3-part series of useful information and advice about personal injury law.