Lake Worth, FL asked in Medical Malpractice for Florida

Q: I had hernia surgery 2 yrs ago, now I have a hernia in the exact place of the incision and need to have another sugery.

Is this something that can be sued for since I will have to pay thousands of $ for this additional surgery?

Related Topics:
2 Lawyer Answers
Gregg M. Hollander
Gregg M. Hollander
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Good afternoon. I'm very sorry to hear about what you're going through.

I'm not a medical doctor of course but I am aware that one of the risks associated with hernia repair surgery is that the hernia can return. If the hernia repair fails and the hernia reappears, this is referred to as a recurrent hernia. This can happen absent malpractice.

Whether or not you have a case would depend upon the specific circumstances of your care and treatment and whether or not the surgeon who performed your surgery deviated from the prevailing professional standard of care.

In addition, because your original surgery occurred some time ago, there may be a statute of limitations issue. Florida has codified a two-year statute of limitations for medical malpractice causes of action, with a four-year statute of repose, and a seven-year maximum cap for cases that involve fraud, concealment, or intentional misrepresentation by a prospective defendant health care provider. This simply means you have two years from the date that you knew or should have know of the malpractice not to exceed a total period of four years.

It would be in your best interest to consult with a Florida Medical Malpractice Attorney to learn more about your rights.

Wishing you all the best for a quick recovery.

Gregg

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A Florida med mal attorney would likely want to see the medical records before offering an opinion. The standard applied is the breach of a duty, or in other words, a negligence standard. Although the second hernia materialized, an attorney would need to determine if it was due to a breach of duty.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.