Legal Question in Medical Malpractice in Oregon
Surgical malpractice
After having gall bladder surgery in March of last year, I developed peritonis from a small bile duct that was not clamped off. I ended up having a second surgery to fix the problem. Approximately 6 weeks after being released from the hospital I began experiencing severe back and leg pain and was diagnosed with stenosis of the spine. I was told that there was no connection between my surgical problems and the stenosis. I lost seven months of work and have recently discovered through research that stenosis can be caused from surgery. I want to know if I have any recourse against the doctor or hospital that performed my first surgery.
1 Answer from Attorneys
Re: Surgical malpractice
Although I'm not a doctor, it would seem at first blush that it would be hard to make a connection between gall bladder surgery and spinal stenosis. In order to make a claim for medical malpractice, you will need to have an expert -- preferably a medical doctor -- who will say that the stenosis was caused by some error by one of your treating medical professionals, and that the error was of a type that falls below the standard of care for similar professionals in the community. In other words, mere mistake alone isn't enough, unless it is of a character that similar doctors or nurses would not normally make. The statute of limitations in Oregon is two years -- so IF you are going to sue, it should be filed in the appropriate court by the two-year anniversary of this incident, or at the very latest, two years from the date when you discovered or reasonably should have discovered that malpractice was probably committed. From your facts, it sounds like a longshot to me, but you need to get a doctor to agree with you. If so, you may have a claim. You should consult with a lawyer who handles medical malpractice claims in Oregon. Good luck.