Legal Question in Medical Malpractice in California
Botched surgery
In February 2003 I had an accident whereas a brad was embedded in my thumb. By showing it to my doctor who in turn sent me to my othopedic surgeon to diagnose it he wanted to perform 'day clinic' surgery the next day. While looking at my hand he had noticed a large burn scar on the palm of my hand and asked if I ever thought about having something done with it. I relunctantly did not want any procedure done, but with prodding from my wife and the doctor who insisted that he could make it look better and smooth it out by a z-plasty. To make a longer story short I ended up having two numb fingers. It has been over a year now and I had been told that I waited too long.I could not find an atty who was even interested.I only wanted someone to file a paper with his insurance company for some kind of damages.I went to the foremost hand specialist in Sacramento yesterday and was told not to have surgery performed again to try to bring it back.I am left with this obstacle the rest of my life and the doctor is apparently of the hook.Is this the case? Or, can you offer a suggestion that can help recoup some type of award or present a claim.Initially I was told to wait for six months to see if there would be an improvement
1 Answer from Attorneys
Re: Botched surgery
Generally, the statute of limitations in California for medical malpractice actions is one year. However, where a patient is continuing treatment with a doctor, as in your case, the statute may (stress may) stop or be tolled during that period. If the doctor's records show that he ordered you to wait six months to see if there was any improvement, this may provide an additional six months for you to file an action. Get copies of your medical records from the doctor immediately to determine if this is documented.
You also need copies of the records to determine if the numbness you experienced was a known risk that was disclosed to you prior to the surgery. Where surgery carries known risks that are explained to a patient and the patient elects to proceed knowing those risks, the doctor is usually not at fault if one of the disclosed complications occurs.
Doctors are not omnipotent. They cannot protect against known risks. It must be shown that some negligence occurred in order for you to have a legal action rather than just a known and disclosed possible complication. Get copies of your records immediately and ask your local bar association for referral to an attorney specializing in medical negligence actions.
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