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?
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.
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.
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