I had surgery. The surgeon told me afterward, that a previous surgeons mistake caused me 3 years of torture. Can I sue?

Question

The previous surgeon put my sciatic nerve underneath my residual limb. So everyday, with every step I took, my entire weight stepped on my sciatic nerve. Excruciating pain daily for 3 years. 
 
When the surgeon came to my recovery room and told me this, it was about 3 1/2 years after the previous surgery. 
 
At the time I didn't bring action because I believed the statute was 3 years but now ... Someone told me that might not apply to me or this situation.  
 
So, my question is ... can I bring an action against the surgeon (2nd generation) who doesn't know which way the SCIATIC NERVE runs through our body?

Joel Gary Selik · Answer

California Code of Civil Procedure § 340.5: 
 
“ three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”

Joel Gary Selik · Answer

But Consult with experienced malpractice attorneys in the state where this occurred.

James L. Arrasmith · Answer

In California, the statute of limitations for medical malpractice is generally three years from the date of injury or one year from the date of discovery, whichever comes first. However, there are some exceptions to this rule that may apply to your situation. 
 
1. The "discovery rule" allows the one-year timeframe to begin when the patient discovers or reasonably should have discovered the injury and its connection to the medical professional's negligence. 
 
2. If a foreign object (like a surgical instrument) was left inside the patient's body, the one-year period starts when the patient discovers or should have discovered the object. 
 
3. In cases involving fraud or intentional concealment of the malpractice by the medical professional, the statute of limitations may be extended. 
 
Given the complexity of your case and the time that has passed since both surgeries, it would be best to consult with a medical malpractice attorney in California. They can review the specific details of your situation and determine whether any exceptions to the statute of limitations apply. 
 
Even if more than three years have passed since the initial surgery, you might still have a case depending on when you discovered the malpractice and its connection to your pain and suffering. An experienced attorney can guide you through your legal options and help you decide on the best course of action.

Q: I had surgery. The surgeon told me afterward, that a previous surgeons mistake caused me 3 years of torture. Can I sue?