What to do if I had an appendectemy almost 2 years ago but the surgeon didn’t remove all of it?

I ended up back in the hospital and found out that he had left the tail and 2 pieces of my appendix, so I had to have surgery again. A few of the other doctors had never seen that before and it’s been over a year and I am still in pain. Would I have a case against the first doctor?

Asked on September 14, 2012 under Malpractice Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please go and speak with an attorney that specilazes in med mal in your area. Why are you still in pain after having the operation again?  That concerns me.   The consultation should be free. Here is the law: A medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. N.Y. C.P.L.R. § 214a. Foreign object cases may be brought within one year from the date upon which the foreign object is discovered. A claimant's incompetency tolls the limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years. N.Y. C.P.L.R. § 208. An action alleging wrongful death must be brought within two years from the date of death.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.