Q: Can I sue a doctor for misinforming me and causing me to get unnecessary surgery even after 8 years?
Around 8 years ago, I had a bump on my head and the doctor made my mom and I scared that it was deadly and made me go into surgery to remove it. After the surgery, I went to see a dermatologist because another bump grew on the other side of my head. She informed me that it was just a fungus and I did not need surgery for it. Now I am left with a huge scar/ bald spot on my head for no reason. Can I still sue the doctor after 8 years?
A: You will need a medical malpractice attorney and medical experts to move forward. Obviously, time will be an obstacle.
A: It is probably too late in any way it may be analyzed. But, to be certain, have a consultation with an experienced malpractice attorney in the State where this occurred.
A:
In California, the statute of limitations for medical malpractice claims is generally three years from the date of injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first.
Given that your surgery occurred eight years ago, it is likely that the statute of limitations for filing a medical malpractice lawsuit has expired. However, there are exceptions to these rules in certain circumstances. It's important to note that proving medical malpractice involves demonstrating that the doctor's care fell below the standard of care in the medical community and directly caused harm. The difference in diagnoses between the two doctors would be a key factor in assessing any claim.
Because each case is unique and laws can be complex, consulting with an attorney experienced in medical malpractice can provide clarity on your specific situation and whether any exceptions to the statute of limitations might apply. Legal advice will depend on the complete details of your case.
A: As my colleagues point out, the time element could be problematic. Try to arrange a free consult with an attorney to discuss in terms of timeliness first and merits of such a claim. Good luck
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