Do I have a case if I recently had an X-ray done which showed that clips from a previous surgery were left in my right upper quadrant?

I had my gallbladder removed at age 28; I’m 32 now. I have had pains but previous to this the doctors said they were ghost pains because I had been sick for 3 years before my gallbladder surgery.

Asked on March 21, 2015 under Malpractice Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, the statute of limitations in your state is only two years for professional, including medical, malpractice. That means that a lawsuit must be brought within 2 years of the surgery--sometimes, this can be extended if you had no reason to know of a problem until some later date, but you write that you had pains previously and that the surgery occured 4 years ago. Under those circumstances, it is very likely that it is too late to bring a lawsuit, though you are advised to consult in person with a medical malpractice attorney to see if there would be any way to still bring a suit.


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