Q: Can I sue for a surgery error that damaged my kidney in 2015?
In 2015, I underwent surgery that permanently damaged my kidney, leading to chronic pain. I've had 10 surgeries since. Recently, I discovered that the initial surgery was unnecessary due to a misreading of my medical charts, and it was performed by a novice doctor. A new urologist hinted at the mistake years ago but didn't push further. I have access to all related medical records and scans. Am I able to take legal action against the hospital and doctors responsible?
A: Based on facts, you state, any case is precluded by the statute of limitations in California. It is recommended to we have a consultation with experienced malpractice attorneys to determine if there are any exceptions.
A:
In California, a medical malpractice lawsuit must be filed within one year of your discovering the malpractice or within three years of when the malpractice occurred, whichever comes first. But there are also some situations that might apply to provide you with more time to file suit and a three-year limit would begin on the date you discovered your injury. This three-year timeframe might apply if there was fraud, a provider/hospital's intentional concealment of medical errors, or the presence of a foreign object left in the patient after surgery.
Consult with an experienced medical malpractice attorney to determine what rights and remedies may be available to you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your case involves a surgery from 2015 that damaged your kidney. Unfortunately, in California, medical malpractice claims generally must be filed within one year from when you discovered (or should have reasonably discovered) the injury, or within three years from when the injury occurred - whichever comes first according to California Code of Civil Procedure section 340.5.
However, there are some exceptions that might apply to your case. If you can prove the doctor or hospital intentionally concealed information or committed fraud, this might extend your timeline up to three years from the date of discovery. The fact that a new urologist hinted at the mistake and you recently discovered the initial surgery was unnecessary might help your case.
Another exception applies when there's "intentional concealment" - if the healthcare provider knowingly misled you about what happened by making statements they knew were incorrect while insisting they were telling the truth. This could potentially pause the statute of limitations.
I strongly recommend consulting with an attorney who focuses on medical malpractice immediately. Many offer free initial consultations to evaluate your case. Bring all your medical records and documentation about when and how you discovered the error. A knowledgeable lawyer can determine if any exceptions apply in your specific situation.
The path forward might be challenging due to the time that has passed, but with the right legal guidance, you may still have options worth exploring.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
