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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12182
Experience:  JD, MBA
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Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

It appears that you may be responding to a prior question, but I don't see any prior questions in your history.

If you'd like, I'll be glad to help, but I'll need the background information and I'll also need you to clarify your question.

Thank you.
Customer: replied 3 years ago.

My son had gastric bypass (scope) surgery 8yrs. ago. When Dr. was ready to finish she realized the staples were in wrong and h had to open him up and remove the staples and redo the operation. 6 days later infection caused his stomach to open and his intestines to come out. He was put into an induced coma for a month. He spent 4 months in the hospital. He has been on pain medication since then and pain management Dr. He can't sleep more than 2 or 3 hrs. most nights because of PTS. He turned to alcohol hoping for some relief. He has lost his job about a year ago even though they knew his history with pain and alcohol. I'm not sure but I believe the Dr. that operated on him was not board certified. I need to know if there is any legal course we can take. Thank you for any advice you can give us.

Hello again. I'm so sorry to hear about your son's situation.

While it's possible that your son may have had a viable medical malpractice case against the Dr. that treated him, I'm sorry to say that the statute of limitations has long expired. The statute of limitations in Connecticut for medical malpractice is 3 years at most. Accordingly, your son would not be able to win a lawsuit against the Dr. that treated him 8 years ago. A lawsuit would be dismissed.

However, it's possible that your son has a viable case against his employer. It depends on the facts, but it's quite possible that he has a case for wrongful termination if the employer knew about his pain, etc., and that the employer failed to make reasonable accommodations. This is because your son may have been protected under the American's with Disabilities Act. The failure to accommodate your son's situation could be illegal discrimination.

Generally speaking, the first step in dealing with illegal discrimination is to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives him the right to sue his employer for violating the law. The EEOC's website, located HERE, explains how to file a charge.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

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