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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38368
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My wife had open heart surgery 10 years ago. Recently she caught

Customer Question

My wife had open heart surgery 10 years ago. Recently she caught a lung disease called MAC. Upon further examination by a specialist it was found that during her surgery blood flow was restricted to her lung and reduced it to 8% usage. Because of that there was no blood flow in the lung to fight it off. Now she has to have her left lung cut out to keep it from spreading to her right lung, if so it will kill her. I need to know if I have a good basis for a Medical Malpractice suit.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

Medical malpractice claims are both fact intensive and time intensive. Different states have different statutry limitations. May I ask where this procedure took place as that would be the state which would potentially govern a cause of action, if there is one? Thank you!
Customer: replied 1 year ago.

Georgia

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38368
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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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