Legal Question in Medical Malpractice in California

Bloodclots after surgery

I had several plastic procedures done at once. My stomach, boob lift, and some lipo. After the first week I developed five blood clots in my left leg and two in the right. I've been seeing different doctors to see what can be done for my still swollen leg. I just saw one last month and it looks like my veins aren't fixable and I'm stuck with the swelling for life! It's been a little over 2yrs. but I've never really known it was going to get better until now. It's only going to get worse as I get older. Is it to late to sue?


Asked on 10/02/07, 4:30 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Bloodclots after surgery

Probably not, although there is a statute of limitation issue that has to be dealt with. That being said, post-operative blood clots are a risk of any surgery and probably do not indicate that your doctor was negligent. Informed consent is an issue, but since it is a risk every time, it may be difficult to convince a jury that (1) you were not advised of the risk and (2) that you would not have consent to the surgery had you known.

Unless you had a pre-existing medical condition that made clots significantly more likely in your case and the doctor knew or should have known about the condition, so that you were a poor candidate for thes cosmetic surgeries, you are not likely to win. Win or lose, every med mal case is expensive given the need for expert testimony.

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Answered on 10/22/07, 4:25 pm


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