Legal Question in Medical Malpractice in California
Statute of Limitations
In uncomplicated thyroid/parathyroid surgery (no cancer present and no prior surgery to that area), the surgeon admitted to severing the nerve to the vocal cord, because he didn't bother to locate the nerve. There is qood chance I will recover my voice, but the vocal cord will remain paralyzed making me very vulnerable if I develop another head/neck/thoracic tumor (for which I am at high risk). If the nerve on the other side is damaged in more serious surgery, there is a high probability of my having a thoracostomy and permanently losing my voice. because the current injury would mean I would then have bilateral vocal cord paralysis with voice, swallowing and breathing difficulties Current damages are relatively small since I rapidly recovered from the swallowing and breathing difficulties associated with the unilateral vocal cord paralysis, but the future liability is far larger. How do I keep the statute of limitations from preventing a future claim against this surgeon and hospital? Palliative treatment for the current injury is now multiple thousands of dollars. I am highly compensated (mid 6-figures) and do a lot of public speaking in my work.
2 Answers from Attorneys
Re: Statute of Limitations
You should have the case evaluated by a medical malpractice lawyer. Damages are assessed upon probabilities.
Re: Statute of Limitations
As Mr. Roth points out, you need to see a medical malpractice attorney.
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