Legal Question in Medical Malpractice in Michigan

Simple Gallbladder Surgery - NOT

My friend had what was supposed to be a simple gallbladder surgery 3 years ago on Memorial Day. What began as a routine surgery became a nightmare. He removed the gallbladder, closed the patient and went on vacation, but not before he cut the mans bile duct. So the surgeon is enjoying his vacation while bile is dumping into this mans body for more than a week, turning him yellow, causing severe pain, and putting him close to death. Another surgeon had to use a portion of his intestine to make a new bile duct, ''clean'' all of the bile from every organ in his body. Now three years later he started turning yellow, and getting violently ill. He had to have surgery again, by the man that saved his life, because scar tissue had closed the bile duct. He is being treated and they are trying to get the duct working properly, he might have to see a liver specialist out of state. He talked to an attorney three years ago and was told he was breathing and still able to work, nothing could be done legally. The final prognosis has not been determined, if this treatment does not work, he has to live with the fact that he may have liver failure, or worse yet death.

The question being can he sue the doctor that botched the first surgery.


Asked on 9/02/03, 5:30 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Simple Gallbladder Surgery - NOT

Although the doctor surely screwed up, it may or may not have been malpractice. Malpractice means that the doctor did something that a doctor of similar training and experience should not have done. The real question at this point, is whether the first lawyer gave an opinion without obtaining a proper medical opinion. If your friend actually retained the attorney, and the attorney did not seek an opinion from a proper surgeon before rejecting the case, perhaps there is liability on the part of the lawyer because the statute of limitations (if it is in Michigan it is 2 years), has run. You generally cannot sue after the statute of limitations has run. There is a six month extention under limited circumstances. However, your friend could have sought a different opinion from a different lawyer within the statute and did not so it may be very hard to obtain any legal redress. Bill Stern 248-353-9400

Read more
Answered on 9/02/03, 7:24 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Michigan