What are the legal options available to someone injured by a doctor years ago and who is now experiencing long term effects?

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What are the legal options available to someone injured by a doctor years ago and who is now experiencing long term effects?

About 16 years ago, I underwent laparoscopic gallbladder surgery. However, during the surgery the doctor removed the common bile duct completely before realizing he still had the gallbladder still attached. After he realized he

had removed the wrong thing, he proceeded to cut large into the abdomen to stent the liver. I was life flighted to another hospital 2 hours away where I underwent 2 days of procedures to repair the missing bile duct. The 2nd surgery was over 10 hours long. The doctors had to cut from the small intestine to make a new common bile duct. Fast forward and now I have experienced a closed bile duct that had to be opened last week and which required further testing to check for liver damage. I also have been told that I’m full of adhesions, which is also prohibiting me from being able to carry a child along with the common bile duct possibly needing to be completely replaced which is major surgery. I suffer from PTSD, anxiety, depression among other health issues due to gaining a large amount of weight after the surgery. I have high blood pressure and heart issues. I’m just curious even though it is passed the statute of limitations, is there anything that can be done?

Asked on September 25, 2018 under Malpractice Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

You are correct that the statute of limitations has tolled (expired).
PA has a two year statute of limitations for filing a lawsuit in a medical malpractice case.  This is two years from the point where the patient discovers or reasonably should have discovered that the injury occurred.
For cases arising after March 2002, injured patients are allowed up to seven years from the date the medically negligent act occurred to file a lawsuit.  If the injury is discovered more than seven years after the medically negligent act occurred, the patient will not be able to file a lawsuit against the medical provider.
Therefore, if you are claiming that your current problems are due to the malpractice from the original surgery, your claim is barred by the statute of limitations, and unfortunately, you have lost your rights forever in the matter because when the statute of limitations expires, no legal claims can be brought.


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