Legal Question in Medical Malpractice in Indiana
Hello'
I have a medical malpractice question. about 5 yrs ago I had surgery to drain a cyst, called an arachnoid cyst, on my brain. The surgery was called a Finistration. The problem is, the neurosurgeon removed my pinealgland while he was in there, by mistake. He said he thought it was a tumor. I was in intensive care 3 days, and unresponsive. After coming to I went home after a few days more. Then, had to return by ambulance when I was vomiting, and in severe pain. The doc avoided my family's questions, and played it off like it was no big deal. Since that time I have had many problems, Like sleep problems, and depression, which meds have not been able to help. I've tried many. I have researched the pineal gland, and yes it does have a very important function in the human body/mind. I know there are statutes of limitations, but, this is something that has taken time to realize the ramifications, or the problems it has, and will cause, not having the gland. I haven't even been able to lead a functional life. I have many friends and family who can attest to this. I need to know if there is any chance of a law suit against this doctor.
My new neuro doctor says he doesn't even see that the doc did the surgery, as the cyst is still the same size, etc...
2 Answers from Attorneys
I am sorry to hear about your experiences. Based on the information provided, there may be a cause of action. I am encouraged because there may have been a coverup regarding the initial surgery that was just recently discovered by your neurosurgeon. However, I have a series of questions that I would need to have answered in order to provide you with a more concrete response. Please email me with contact information and I will call you. Please provide me with convenient times for a call.
The answer likely dpends upon when you learned that the doctor removed the pineal gland rather than the turmor. If that discovery came within the last two years, you have a better chance of claiming successfully that the statute of limitations has been satisfied if a claim is filed promptly.