Pelham, AL asked in Medical Malpractice for Alabama

Q: In 2012 my surgeon performed neck surgery. I have been in pain since. Just finding out it was performed incorrectly.

I stayed in constant pain but he knew. He kept me under care for over 2 yrs. on meds & therapy. I have now moved & under another dr. that showed xrays & said dr. didn't perform surgery in the past correctly & now may have to have another 1 to correct the problem. The dr. I have now said the surgeon had to know his/her mistake but didn't tell me. Can i sue my past surgeon for medical malpractice. Not my fault because of me having no acknowledgement of his/her actions. Can something be done legally...still?---Unaware & not fair. Thank you

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: An Alabama attorney could advise best, but your question remains open for three weeks. Some jurisdictions observe what is a called a "discovery rule" in med mal cases, where the statute of limitations is determined by discovery of a condition or injury that constitutes medical malpractice, or constructively, when it should have been discovered. Only attorneys licensed to practice in Alabama could advise on rules that govern statutes of limitations for cases litigated in Alabama state courts. You could contact Alabama med mal attorneys to discuss further. Good luck

Tim Akpinar

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