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?

UPDATED: Mar 21, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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 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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