How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I had a bunionectomy February 14, 2007. It took a little

Customer Question

I had a bunionectomy February 14, 2007. It took a little longer for me to heal for some reason, noticed the doctor, than others. I kept my follow up appointments & everything was supposedly going as it should have. Within less than a year of having the
surgery, I started to suffer from severe 'aftershock!' is the best way for me to put it. I realized after quite awhile that I had the same issues as people with Diabetes only minus the diabetes! I went back to the doctor that did the surgery, and he pretty
much didn't want anything to do with what I was experiencing. His part was over. He's just the surgeon. I've been to countless doctors only to find 'nothing' wrong. I'm constantly on the verge of suicide and suffer from severe clinical depression and pain
I've never ever known in my life all because-the specialist, everyone I've seen for this agrees-somewhere, obviously the doc screwed up BIG TIME!!! They call it RSD Reflexive Sympathetic Dystrophy ? There is no cure, surgery, exercise NOTHING! that will ever
make me better. People talk about their Quality of Life...I have no clue of that anymore! Is there a statute of limitations as far as suing for malpractice? Sorry it took so long to get to the point. Thanx
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Not all medical treatments or procedures that do not work out as they are supposed to work out are considered malpractice. In order for a person to have a case for malpractice, one must have a medical doctor expert who is able to testify that what the doctor did to the patient was below the reasonable standard of care and must establish what that reasonable standard of care was. If you do not have any medical expert who is able to state what the doctor who treated you did wrong, there would not be a case under law for malpractice.
Each state has a statute of limitations for malpractice and if you would tell us your state we would be glad to give you that information and answer any other specific questions you have about your situation.
Customer: replied 2 years ago.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am afraid that under CT law, you have 2 years from the date of the injury or discovery (the 1 year later as you said when the symptoms appeared) to file a suit for malpractice and in no event will a malpractice case be allowed more than 3 years from the date of occurrence. See: Conn. Gen. Stat. Ann. § 52-584.
When filing a medical malpractice suit, the attorney must submit a certificate that there is good cause to believe the reasonable standard of care has been breached and must attach an expert report to support that certificate. See: Conn. Gen. Stat. Ann. § 52-190a. Failure to provide expert documentation is a basis for dismissing the suit.
Thus, I am sorry to say that if this was discovered in 2008, it is too late to now consider trying to file a malpractice claim and you have said you cannot find any doctors to concur that the first doctor did something wrong, so at this point you may have suffered a severe side effect of the surgery, but legally there is no proof that the first doctor did anything wrong to cause you this unfortunate condition.