Neither her heart doctor or surgeon mentioned this at any time after the procedure. The lung specialist said that anyone running a very simple test could have found it out. He seemed shocked that she didn't already know about it and advised that we contact a lawyer due to the severity of the issue.
Thank you for your follow-up, Roderick.Under Georgia laws, a suit for medical malpractice can be brought within 2 years from the date the act took place that gave rise to injury. In cases where the injury is not immediately known or apparent the statutory limitation does get extended until discovery takes place, but it only gets extended to no more than 5 years from the date the injury took place. In this situation, if the underlying surgery took place 10 years ago, it is beyond the statutory period under state law, and there would then be no viable grounds under which to seek recourse. I am genuinely sorry, but before even getting to the validity (or not) of your cause of action, it would be stopped by the time limitation.I am sorry.
Ok. But what about their failure to run the proper tests when told by the lung doctor about the MAC originally? That was a little over a year ago. The lung specialist said if that simple test was performed it could have kept her lung from being removed.
Thank you for your follow-up, Roderick.That is a good question. If this test is something that a good professional medical facility and/or doctor run in this situation, and they failed to do so, it would be potential grounds for malpractice. There are legitimate and extensive injuries in your case, and if this test was fairly standard and specifically fit the potential diagnosis, the loss of a lung is severe enough for a medical malpractice attorney to get involved. I cannot tell you outright how strong your case is without personally evaluating the medical records, but you definitely have a very strong outline of a case. Consider obtaining the medical records and then taking them to a local malpractice attorney for a full evaluation--they generally have medical experts on staff who would be able to quickly review and see if there is enough of a basis for suit. The injuries are sufficient here, all you would need is some kind of a medical professional to testify.Good luck.
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