How long before one can file for a malpractice lawsuit?
(asked 140 months, 14 days ago in Modesto, CA)
On 2003 I fell and broke my right shoulder and my right knee. they did a shoulder replacement. since then i HAD ONE another replacement on 2004, 2005. I have never got better but worse. I can"t hardly move my arm without having a lot of pain. Now they are scheduling to me to see a sugeon that does complicated surgeries. Can you advice me? Sincerely, Nilda
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Boston Medical Malpractice Attorney
If you undergo a surgery that does not have the desired effect, this is certainly a reason for concern. You might find that the surgery was ineffective because of a doctor’s carelessness or a nurse’s lack of attention. Before you place the blame on the medical staff, you may want to ask yourself a few important questions. For one, you will want to look back and see if you obeyed the doctor’s instructions regarding recovery and medication. If you are not taking the prescriptions you were given, or were told to stay on bed rest and have instead been out and about, then these are reasons why you may be experiencing discomfort.
Also, you will want to make sure that your current pain is due to the same condition that you had the surgery for. For example, if you experience sharp pain in your finger after receiving a hand surgery, then you may discover that the finger is a completely separate issue. Make sure that a doctor admits that you are dealing with the same condition as before prior to seeking compensation. You will need a medical diagnosis that proves that a faulty surgery is the reason for your pain. Only after you have that confirmation should you attempt to pursue a claim. If you do choose to file a medical malpractice claim, you must do so tactfully.
It’s essential that you carefully evaluate the expenses and the strength of your claim before you launch into a lawsuit. By hiring a personal injury or medical malpractice attorney to help you, you will be able to get some legal advice on your case. An honest lawyer will admit to you whether or not your case is worth pursuing. If you are going to see another surgeon and the costs will be more than you can handle, that may be a reason to ask for medical damages. Gather the needed information to prove your case and talk to a lawyer today!
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