What are my rights regarding botched surgery that had to be redone?

UPDATED: Sep 29, 2022

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What are my rights regarding botched surgery that had to be redone?

I had hip revision surgery done 4 years ago and have had problems with pain ever since. The surgeon said to give it time and to get PT and that would probably help but it didn’t. I then moved to another state and had to find a new doctor. He did tests and found that procedure failed needed to be re-done correctly. I need to know if I have grounds to sue the original surgeon

Asked on October 29, 2015 under Malpractice Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Obtain your medical bills, medical reports (especially from the second doctor) and documentation of wage loss.
Your lawsuit for negligence against the first doctor should seek compensation for these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.
If the statute of limitations has expired in one of these states, it may not have expired in the other state.  Therefore, your lawsuit can still be filed.
Depending on the amount of time remaining until the statute of limitations expires, you may want to try to settle the case with the doctor's malpractice insurance carrier.  If the case is settled, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor.  Only follow this procedure if there is significant time remaining prior to the expiration of the applicable statute of limitations.  If the statute is rapidly approaching, file the lawsuit as discussed above.

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.

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