Q: Is a two year non elective surgical postponement grounds for a medical malpractice lawsuit for a SSDI senior.
Torn right patellar tendon that has left me on crutches for over two years in February that has contributed to shoulder tendinitis’s, bone spurs, degenerative lumbar disc disease and daily lower back and shoulder pain. Have reached out to several local attorneys with little or no response. I understand it may be not financially viable, or there is just no case here.
A: You should establish a basis for medical malpractice and notify the medical provider of your intent to file a lawsuit. Usually, this should happen within a year of injury, or one year after the victim discovered or should have discovered the injury, or three years of the date of the malpractice. Please discuss the details of your case with the medical malpractice attorney.
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A: There are not enough facts listed to determine if this is a viable medical malpractice case. The torn right patellar tendon needs to be the result of malpractice or the breach of standard of care. Another medical provider would need to have the opinion that it is malpractice before the lawsuit could be successful. As Eliza Jasinska said, there are time limits on when a malpractice suit can be filed. This really does need to be discussed with an experienced malpractice attorney. You may need to look outside of your city to find an attorney willing to take your case or speak with you.
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