Legal Question in Medical Malpractice in Georgia

I had bone cancer when I was 12 years old which led to a allograft bone in my left femur supported by a rod. This surgery was done in Beirut, Lebanon.

After 5 years, I came to the United states. My knee started hurting me because of the rod. I saw a doctor, he suggested to remove the rod completely or to put a shorter 1 to support the allograft bone. The doctor told me he will take the decision during the surgery. If my allograft is strong there is no need for a rod to support it.

He did the surgery and he told me the allograft bone is strong and doesn't need a rod.

He told me the same day I can go home and walk normally on it.

I broke my femur the second day by simply walking on it.

I went to the emergency and the same doctor did another surgery, this time he added plate to support my allograft bone and to make it heal.

After 2 weeks of the second surgery, he told me I can walk normally on it.

when I started walking on it, I realized that every time I walk MY femur is bending . I called him he said this is normal.

I called him another time telling him that its still bending and that I feel that my leg is getting shorter.

HE said again everything is normal keep walking on it.

After a while my femur never healed and my leg got shorter 6 cm.

I changed doctor and I did a lot of surgeries to try and heal the allograft bone, nothing worked.

I finally did a femur and knee replacement but my leg is still 6 cm shorter because they can't simply replace the length that I Lost.

My only option to gain the 6 cm is to amputate my leg, and my condition at this moment is very bad. Probably leading to amputation soon

Is it too late to sue the first doctor?

2006 allograft bone in Lebanon

2012 remove rod and another surgery to fix the broken allograft bone ( dr. I want to sue)

2013-2016 around 10 surgeries to try and save my leg (different doctor)

current- a lot of pain, short leg and possible of amputation


Asked on 3/06/18, 2:11 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If the surgery was in 2012 and you were 18 at the time, the statute of limitations, if this was in Georgia, for suit is two years. That would mean that since you were aware of the problem at or near the time, your right to sue expired forever in 2014, unless a subsequent doctor committed malpractice, and that care would have the same two year period.

Since there are many moving parts here, speak to a malpractice attorney ASAP to be sure, but it sounds like, even if there was malpractice, and there may or may not have been, that you waited too long. Bear in mind not all medical errors are malpractice and not all bad results are able to be pursued. But even if they were, statutes of limitations are an absolute time bar if you get past them.

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Answered on 3/23/18, 6:08 pm


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