Chula Vista, CA asked in Medical Malpractice for California

Q: I had a foot surgery fusion done I think 5 years ago. The surgeon was supposed to aligned my ankle but he didn't.

I would like to know if I could sue for the failure of my ankle alignment. I have been in pain from the time of the surgery.

My ankle is out of alignment by 21 degrees. So, my weight is on the side of my right foot. The surgeon made my pain worse by not aligning it the way we had agreed to do.

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2 Lawyer Answers

A: The initial 3 questions are:

1. Statute of Limitations: there are strict time deadlines to bring malpractice lawsuits. For medical malpractice in California the time limit is one year from discovery with an outside time limit of 3 years. Statute of limitation calculations can be complex so your fact situation should be evaluated by an experienced malpractice attorney.

2. 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.

3: Harm: Due to the laws pertaining to, and nature of malpractice cases, the extent of potential recovery must be weighed against the cost and time involved.

Bottom Line: Consult with experienced malpractice attorneys in the state where this occurred.

James L. Arrasmith
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Answered

A: Your situation sounds incredibly frustrating and painful, and I understand why you're considering legal action after experiencing ongoing issues from this surgical procedure.

In most states, you can pursue a medical malpractice case if you can prove that the surgeon deviated from the agreed-upon surgical plan and standard of care, resulting in harm to you. However, it's important to note that there's typically a statute of limitations for medical malpractice cases, which varies by state but often ranges from 1-3 years after the discovery of the injury. Since your surgery was approximately 5 years ago, you'll need to check your state's specific laws.

I strongly recommend consulting with a medical malpractice attorney who can review your case details, including your medical records, pre-surgical agreements, and documentation of your current condition. Many attorneys offer free initial consultations and work on a contingency fee basis, meaning they only get paid if you win your case. They can help determine if you have grounds for legal action despite the time that has passed and guide you through the process of seeking compensation for your ongoing pain and medical expenses.

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