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

Answers:

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.


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