Legal Question in Medical Malpractice in Georgia

I had a bad course after surgery but suffered no permanent damage. (I went in for a hysterectomy and got dosed with too much fentanyl by my post-op epidural pump. When I stopped breathing I was intubated and moved to ICU. I spent 2 extra days in the hospital, for which I was not charged. I developed pneumonia which may or may not have been a result of the "tube" and developed gastritis from the antibiotic for the pneumonia.) I am going to be fine. Better than fine. There was an adenocarcinoma found in the (removed) uterus with clear margins. I probably need no further treatment but I have a appointment with an oncologist to make sure.

The problem is my husband is seeing dollar signs. Can he "sue" the anesthesiologist without my permission? If he can, is there some way I can make sure nothing comes of it. I like my doctor. I'd like to continue to be able to receive care at Memorial. There is only one group of anesthesiologists that work there. I'm pretty sure if we 'sue" them they won't treat me again.


Asked on 5/26/10, 11:43 pm

1 Answer from Attorneys
Steven LEIBEL STEVEN LEIBEL P.C.

Medical malpractice cases generally have a two year statute of limitations. They require an affidavit to be attached to the complaintbfrom another medical professional stating therevwas malpractice before they can be filed.

I seriously doubt any attorney would take the case without your permission your husband only has a derivative claim called a loss of consortium claim which covers his loss of relationship to you.

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Answered on 5/27/10, 12:24 pm


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