Q: I didn’t settled my car accident case until 2021 but I am have to get my leg cut off due to the accident I’ve had the
Same surgery 2 times I feel the first dr should have done better is there anything I can do cause this has changed my life forever I never knew it would of turned out this bad
A: It depends on whether the doctor was negligent/acted outside the standard of care in performing the surgery. I recommend having a lawyer request your medical records and review them to determine liability.
A: You might be beyond the time limitations to sue but you should consult with malpractice attorneys in the state where it occurred.
A:
CAR ACCIDENT
If you are asking about reopening the car accident, you CANNOT do that. That said, given the extent of your injuries, the insurance carrier probably surrendered their policy limits. That is to say that you probably received ALL available money.
Medical Malpractice
You do not tell us the date of the accident or the date of the surgery with the "first doctor" so it is impossible to tell you whether the statute of limitations has run (though it almost certainly has). In a medical negligence action, you need to be able to prove that the medical care you received somehow violated the standard of care that was owed. Once the statute of limitations has passed, you cannot bring an action. The statute of limitations on medical claims in Illinois is two years from the date you discover or could have discovered the negligence, but not more than four years. If you are correct that the "same surgery" had to be performed twice, that fact should have piqued your curiosity and caused you to make some further inquiry. Assuming the second surgery was performed before you settle the case in 2021 and further assuming that the first surgery was performed a year before that, you are probably too late. There is one universal truth about all negligence claims, the longer you wait to bring them, the worse they are. Make a timeline of events that includes the date of accident the date of your first surgery, the date of your second surgery, and the date you settle the claim then make an appointment to speak with a medical malpractice attorney, immediately. Good luck.
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