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Sometime in 2005 I started seeing a doctor complaining of abdominal…

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Sometime in 2005 I started...
Sometime in 2005 I started seeing a doctor complaining of abdominal pain and diarrhea. After about 14 months of tests which included x-rays, blood work, CT scan, MRI, barium swallow, 2 ultra sounds, a HIDA scan, upper endoscopy, colonoscopy, and some others, some more than once....it was determined that it was my gallbladder that was the culprit. I was told that the removal was routine and that I'd never even know it was gone, so I decided to have it removed. The doctor who performed the surgery (4 little holes, as he described it) lathroscopic? was Dr. Smith in Virginia, MN. I showed up at 6am and was home (12 miles) before noon. After 2 or 3 days the pain was to the point where I had to call an ambulance. I opted to be taked to St. Mary's in Duluth (60 miles) to have a certified gastroenterologist to do the "repair". Apparently some duct somewhere had swollen to massive proportions. When I awoke from THAT surgery I guess (I say "guess" because I really don't remember very well because of the effects of the anesthetic. My Dad was there.) I was informed that during the procedure, a portion of my pancreas had been "exposed" whatever that means, and that I now have Chronic Pancreatitis. I had never heard the word pancreatitis before and associated the pancreas with diabetes. I was unaware, PAINFULLY now, that the primary function of the pancreas to to secrete the enzymes necessary for digestion. So now I live in constant pain and struggle to maintain a much skinnier version of myself. I am, and have been involved in the Pain Management Program, and do get some degrees of relief with the pain meds. I also have tried pancreatic enzymes to help the digestion process. The botXXXXX XXXXXne being that with the nausea, pain, and the inability for food to go through me makes for one miserable existence. I requested and have my medical records and found out that I woke up, and sat up, during the 2nd (repair) surgery. I don't know if that's an issue or not, but nobody told me anything about it. It never seriously occured to me that I might have a lawsuit. I presupposed I MUST have signed something prior to surgery that prevented legal action. While researching chronic pancreatitis online and talking to others who live with this terrible affliction, several people mentioned a term referred to in the medical community as "poor surgery" but didn't know if it was actionable. I don't know if it was the 1st surgery, or the 2nd surgery, or the combination that caused my present condition. The only thing I know for sure is that I didn't have it prior to any of this, and now I do. I'd certainly be happy to answer any questions you may have, so feel free to e-mail me [email protected] or call me anytime at XXX-XXX-XXXX.

thank you for your time,
sincerely,
Daniel R. Anderson
Submitted: 6 years ago.Category: Personal Injury Law
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3/5/2012
Personal Injury Lawyer: NateLawAnswers, Attorney replied 6 years ago
NateLawAnswers
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When was the last surgery conducted?
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Customer reply replied 6 years ago
for the specific injury I spoke of, both of the procedures were in '06 or '07 a few days apart. however, I've had several other procedures since because of problems related to the pancreatitis (bleeding ulcers, stomach draining issues etc. as recently as last April. I dont know the exact dates without digging thru all my records.
Personal Injury Lawyer: NateLawAnswers, Attorney replied 6 years ago
The only problem I see here is that you may have a potential statute of limitations problem because you knew of your injuries at the time, to include the pancreas issues.

I suggest you talk to a local medical malpractice lawyer regarding the case and let him / her review the facts and determine whether or not the statute of limitations has run on your claim, or whether the additional surgeries may have "tolled" it for you.

While we cannot recommend specific lawyers on the site (we cannot endorse attorneys), I can point you in the right direction to find counsel. I suggest you do a couple things. Contact the state bar's lawyer referral service (http://www.mnfindalawyer.com/). They can put you in touch with multiple referrals to discuss the case with. The other is to go to the website www.martindale.com. This is the site lawyers use when needing to find other lawyers to associate with on a case. They rate lawyers both by their peers and their clients. The best lawyers are going to be rated "AV".

If you require more information, I will be happy to follow up with you. In the meantime, please remember to click Accept so that I get credit for my time assisting you. If my answer has been especially helpful, please also consider a suitable BONUS.

And remember, I want you satisfied, so if I can help you further, please ask so that you can provide Positive Feedback once we've addressed your legal question to your satisfaction.

Thanks!
Nate

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Customer reply replied 6 years ago

I don't understand the 1st paragraph starting with the word..."because". At what time?

Personal Injury Lawyer: NateLawAnswers, Attorney replied 6 years ago
The statute of limitations begins to run when you become aware of your injuries. Some injuries are latent - as in, what caused them happened long before they were known. In your case, at least as far as the pancreas exposure goes, you were aware at the time because you were told, so that would be when the statute of limitations begins to run.
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Customer reply replied 6 years ago
I was told by my Dad, as much as he could comprehend and remember, which wasn't much. I was still "out of it" when this life-changing info was "mentioned", certainly not "explained". It was only later that I realized how dire this was. With that in mind, I believe that I could truthfully answer that I was NEVER fully informed, in a cognitive state of the outcome.
Personal Injury Lawyer: NateLawAnswers, Attorney replied 6 years ago
That would be what your attorney would argue.
NateLawAnswers
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Customer reply replied 6 years ago
ok. thanks for your time
Personal Injury Lawyer: NateLawAnswers, Attorney replied 6 years ago
You're welcome. Good luck!
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