Legal Question in Medical Malpractice in California

Surgical injury discovery

After years of varying physical symptoms, surgical procedures and extreme pain following gastric bypass surgery (and a serious bleed following a misplaced staple during the surgery) in 10/2001, the root problem of all my physical issues was just diagnosed in 8/2007 at a large and renowned CA University hospital medical center by a team of researchers and surgeons as a large blood clot that is blocking the flow of blood to my liver. After connecting the surgical report and gathering multiple tests, etc. we now know that my liver has been affected, I have esophogeal varices, chest/stomach and abdominal pain and many other connected issues which would not be appropriate to discuss in this venue. I cannot work (I am a high school English teacher) and have several years of procedures and treatments ahead which may or may not improve my quality of life. I may have to retire and will have to assume payment for my own medical insurance. Can I file a suit to recover my time lost from work and my medical and transportation costs that have been incurred due to the primary injury? I don't want to hurt my doctor, but my family, my quality of life and my 20 year career in education have been severely impared due to this...


Asked on 9/17/07, 12:06 am

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

Re: Surgical injury discovery

You should have an medical malpractice attorney have the case reviewed with respect to medical/legal issues for malpractice. Only then can you get reasonable advice. It sounds less like malpractice in the performance of the gastric bypass, and more like malpractice in failing to diagnose the complication sooner. Certainly if the blood clot to the liver was causally connected to the bypass, not a forgone conclusion, mind you, then the failure to timely diagnose and treat the problem gives rise to a major lawsuit. Even if the blood clot is not causally related to the bypass, there still may be a case agaisnt those healthcare providers that failed to sooner diagnose and treat the problem

If you contact me we can get the case reviewed. But, do it soon, since there are real possible statute of limitations problems lurking here.

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Answered on 9/23/07, 11:57 pm


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