What to do if I had a hernia surgery and ince the surgery I have been having pain and numbness and I have lost use of some basic functions?

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What to do if I had a hernia surgery and ince the surgery I have been having pain and numbness and I have lost use of some basic functions?

I had a hernia surgery about 12-13 years ago. I originally tried to get help with the matter shortly after the problem began but, in 2 subsequent visits to the ER, I was told nothing was wrong with me. For the last year and a half I have been trying to get treatment again, or rather, a diagnosis through the VA medical center. None of the steps that they have taken have helped in any way. They will not consider the possibility that a mistake was made somewhere in surgery. The answers they offer always explain some of my symptoms but not all. I wait for a resolution. I still don’t even have a proper diagnosis.

Asked on September 9, 2012 under Malpractice Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In Washington State, the statute of limitations, or time period within which you must sue, for medical malpractice appears to be a maximum of eight years from the time of the injury. If the surgery occured 12 - 13 years ago, it would be too late to take legal action, since once the statute of limitations has passed, you may no longer sue. You may, however, be eligible for SSI if you are experiencing significant disability or impairment; you may wish to consult in detail with an attorney with experience in SSI claims. Good luck.


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