Legal Question in Medical Malpractice in Kansas

removal of internal parts without being told

It has been 19 years since it happened but I cannot get over it. I thought, as I'm sure everyone does, that a tubal ligation involves cutting the fallopian tubes and sewing the ends shut. Mine were removed from my body. From the Ovaries up. I wasn't told of this and only when I went to have them sewn back together was I informed of this. What can be done ?


Asked on 4/23/99, 2:21 pm

1 Answer from Attorneys

David Austin Burke & Eisner, P.A.

Re: removal of internal parts without being told

After so long, probably very little. Your ability to file a lawsuit and a claim is limited by the specific statute of limitation in your state. I am not aware of the specific one for Kansas, but I cannot imagine that it is anywhere near 19 years. You generally have to file a malpractice claim within 1-6 years of your knowledge of the claim. This varies greatly from state to state.

Even if you were within the time frame allowed you still would have to show that the doctor exceeded what he would have reasonably been allowed to do in the surgery.

Your best bet is to call a malpractice attorney and ask him or her these questions. You will at least have the answer from a lawyer in your state.

David Austin

Burke & Eisner, P.A.

401 Gilford Ave, Suite 125


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Answered on 4/23/99, 4:01 pm


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