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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118264
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I had several back surgeries, VA, No, Not sure

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I had several back surgeries
JA: What state are you in? It matters because laws vary by location.
Customer: VA
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure
Customer: replied 8 months ago.
Customer: replied 8 months ago.
Anyone going to help
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question and the facts around your situation? All we know from what you posted is you had several back surgeries and it was in VA, nothing more.
Customer: replied 8 months ago.
Hey. Do I have a case against my surgeon. L4L5 fusion. Prescribed roxicdone, Methadone, lorazepam, among a few other. however I was 21. Now am 27. Statue of limitations. However, he also left he next day, for a month.He pressure me into the surgery. Dr. had a huge history of this behavior .Could a group of patients with problems come together ?
Thank you for your reply.

Under VA law, within two years from the date the cause of action accrued, which is the date of injury. Va. Code Ann. §§ 8.01-230. The Supreme Court has rejected the judicial adoption of a discovery rule, Nunnally v. Artis, 254 Va. 247, 492 S.E.2d 126, (1997), but holds that continuing treatment for the same conditions tolls the statute until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683 (1988). So, if you continued to treat with this doctor for the same back issues, the statute of limitations does not begin to run until your treatment with this doctor ended.

Also, not all medical procedures that have negative outcomes or unsuccessful outcomes are malpractice. The fact is that many medical procedures have unsuccessful outcomes, even though they were performed exactly as they were supposed to be performed. In order to have any right to sue for an unsuccessful surgery or medical procedure, you must have a medical expert examine you and be willing to testify that the conduct of the doctor who performed the surgery was below the reasonable standard of care (negligent). Without proof of negligence testified to by a medical expert, no medical malpractice claim could succeed. See: Perdieu v. Blackstone Family Practice Center, Inc., 264 Va. 408, 568 S.E.2d 703 (2002).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 8 months ago.
if I met with a medical expert and and he concluded malpractice, it wouldn't matter because 2 years have passed?

Thank you for your reply.

IF it has been more than 2 years since you stopped treating with that doctor, yes, even if a medical expert deems it was malpractice, then you could be too late I am afraid.

Customer: replied 8 months ago.
Can you give me any suggestions? This guy really hurt a lot of people.He's old school.Anyway, would you just suggest all patients just continue to take it lying down? Or I guess I should just get involved. They need more Pysch evaluations.also this is a all in one where they just push you from one office to the next $$$.Anyway. I feel like patients get the short end of the stick al the time. Good surgeons exist so there is no excuse for this behavior.
Customer: replied 8 months ago.
How I give you 5 stars?

Thank you for your reply.

Patients need to file suits against the doctor when they realize that the surgery went wrong, within the statute of limitations. You can file a complaint against him with the medical board for investigation, but that would just be for sanctions on his medical license.

You should see the feedback at the top of your page where you can click on the 5 stars.

Customer: replied 8 months ago.
Last point. I know this is common but it ended in a failed fusion.

Thank you for your reply.

Like I initially stated, there are many medical procedures that do not have the desired outcome or have some side effect, they cannot be sued over if the doctor was not negligent, so it could be that your surgery just failed through nothing the doctor did and that is something you need to consider.

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