Q: Is it still possible to file a medical malpractice lawsuit even though it's been 3 years since the injury (surgery)?
I had surgery in 2017 to repair a rectal prolapse and have suffered from pain and incontinence ever since. The surgeon who did the procedure left the state (California) 6 months after the surgery. Since then I have been trying to find out what's wrong but it hasn't been easy. My PCP referred me to a different gastroenterologist who saw me for 5 minutes and said I was fine and maybe had a rectocele. So I pursued that, saw a gynecology specialist who referred me to UCSD medical center and after 2 years and a half dozen different tests, I finally received the results 3 months ago that clearly show that I was physically damaged during the surgery. Now that I know, and have medical results to show it (that were paid for by Medi-Cal), can I still pursue a medical malpractice lawsuit against the surgeon who did this to me, even though it's been over 3 years and the surgeon no longer practices in the same state?
A: You might be able to take some action but you need to schedule an appointment with an experienced MedMal attorney. The doctor most likely had insurance at the time of the surgery which would apply even though he moved. Also his employer may have had insurance if he worked in a group. A good attorney can find all of that out.
A:
more info needed.
you should look up med mal lawyers in your area asap.
the statute is usually 3 years but often from when you discovered the negligence...........or should have discovered.
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