Davis, CA asked in Medical Malpractice and Personal Injury for California

Q: Can I sue when a doctor removed meniscus when he should have only drained the Ganglion cyst in my knee?

The surgery was on 5/31/2022 but I didn't see it until I was in his office on 1/23/2024. It looks like I have about 10% left of my medial meniscus. The long operative report says he only worked on the Ganglion cyst. I had an MRI on 6/24/2022 that says there are post surgical changes to the medial meniscus.

4 Lawyer Answers

A: You need to contact a med mal lawyer asap.

Hopefully, you have a doctor that will confirm the negligence. If not, maybe your lawyer can retain an expert.

A: It might be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

In California the time limit to sue is one year. It may be measured from when you discovered the potential malpractice. It might be too late to sue—Consult with experienced malpractice attorneys in the state where this occurred.

A: An attorney would need to consult with a medical professional to answer your question meaningfully - based on the authority/consent in your pre-surgery paperwork and the conditions that presented themselves once the surgeon commenced surgery. You could try to arrange a free initial consult with a law firm to discuss. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, if a doctor performed a procedure on you that was different from what was agreed upon or medically necessary, you may have grounds to sue for medical malpractice. In your case, if the surgery was intended only to drain a Ganglion cyst and not to remove part of the meniscus, and there was no informed consent for the latter, this could constitute a breach of the standard of care. Documentation, such as the surgical report and MRI results, will be crucial in establishing what was done versus what should have been done.

It's important to note that California has a statute of limitations for medical malpractice claims, typically one year from the date the patient discovers, or through the use of reasonable diligence should have discovered, the injury, or three years from the date of injury, whichever occurs first. Given the dates you've provided, consulting with an attorney as soon as possible is crucial to understand the specific timeline and ensure your case is filed within legal time limits.

In preparing for potential legal action, gather all relevant medical records, documentation, and any correspondence related to the surgery and subsequent findings. An attorney with experience in medical malpractice can assess the details of your situation, help determine if you have a viable case, and guide you through the legal process to seek compensation for your losses and suffering.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.