Legal Question in Medical Malpractice in California

I had a tummy tuck back in February 2008. The doctor pulled my skin too tightly, causing the whole incision to open up across my abdomen. He failed to treat me properly when I just had a small hole in my incision, saying that it was a minor problem, before the whole thing opened up. I saw a wound specialist for months and now have a huge red ropy scar across my whole abdomen. He talked me out of a lawsuit, saying he would do reconstructive surgery to reduce the scarring, but I have other issues with him as well and no longer trust him to operate on me. Is it too late to file a medical malpractice suit?


Asked on 1/04/10, 12:07 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Once you knew of the problem, learned of the damage and 'malpractice', you had only one year to bring legal action. If that time limit is passed, then you have no remaining rights. Sounds like that is the case. IF you are still within the one year, then feel free to contact me.

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Answered on 1/11/10, 10:43 am
Melvin C. Belli The Belli Law Firm

You have one year from the date when you knew or should have known about the potential medical malpractice or three years from the act whichever is sooner. That time is extended if you are still treating with the doctor and perhaps his efforts to talk you out of suing him would also be considered to extend that time. However since you said this was in February 2008 it has almost been two years. For that reason you need tp immediately contact an experienced personal injury attorney that dos medical malpractice to discuss whether or not the time limit on your case has run!

If you would like a free consultation please call me at (866) 981-1850 or go to our website at www.bellilawfirm.com.

Good luck and hope this helps.

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Answered on 1/17/10, 7:46 pm


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