Legal Question in Medical Malpractice in Florida
My wife has a gastric bypass done in 2001. in 2004 she started having stomach pains and she thought she might have ate to much. this went on till 2011. She went back to the surgeon who did the gastric bypass back in 2001 and he said he would have to open her back up and fix a hernia. she went for a second opinion and the new surgeon said that he could perform a minimally invasive surgery. he also said that the hernia was caused from the first surgery. She had the surgery done in early 2012 and she feels a lot better. Question is what legal grounds do we have for malpractice?
2 Answers from Attorneys
You don't have any legal grounds for medical malpractice. In Florida, the statute of limitations is 2 years from when you knew or should have known something was wrong. (You don't have to know anything specific about what's wrong, only that things weren't right). It's been 10 years since the initial surgery. The statute of limitations has expired.
Sorry.
Even if you could get around the statute-of-limitations issue described by Mr. Sinclair, your other problem (from a legal perspective) is: it seems like your wife is doing much better and only suffered from some minor-stomach pains. Unfortunately, the huge cost of pursuing a medical-malpractice action would probably not be justifyable with such limited damages.
Of course, this "problem" is really good news from your perspective - that being your wife seems to be doing well.
Of course, on this forum we are making guesses based on a very limited set of facts. You'll want to sit down with a med-mal attorney to review all the facts/records to really get the best answer.
Good luck to you.
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