I had gastric bypass almost two years ago and the surgeon didn't sew me up all the way and I had a bile leak and had to cut me straight open...

Question

I had gastric bypass almost two years ago and the surgeon didn't sew me up all the way and I had a bile leak and had to cut me straight open. He did find leak but it was a longer recovery and very tramatic for me. A year later the same surgeon fixed a hernia (which was caused by the bypass) another 4 month recovery only a few months later I need to get my skin removed from my stomach and I go see a plastic surgeon and he tells it seems like I have a hernia to him Ugh!!! When he opens me up he discovers that the hernia was not repaired all the way and there is string just laying there and my guts ect are exposed (which could of led to all sorts of problems ) I know have to have another hernia operation (again more down time and distress, depression ect). My husband went ahead and paid for tummy tuck because doctor didn't think I should keep getting cut open. So this is second surgery he has screwed up causing me down time, stress, and not able to look for a job. What options do I have. My PS took pictures of the screwed up hernia operation. I am a fair person but enough is enough. I have sent for my records from both surgeries. Thank You for any advice Robin

Answer

There is a two year statute governing malpractice claims in Indiana, which could be extended based upon the 'discovery rule' in some cases; however, the best approach is to initiate a claim before the two year anniversary of the malpractice incident. It sounds like you have a claim that might be viable, but a thorough review of all the pertinent medical records must be undertaken to make that determination. Such a review is generally done without charge under a contingency fee agreement whereas you don't owe anything unless there is a recovery. Whether an attorney will devote the time and expense to review a case oftentimes depends on the damages recoverable. You should try to get you surgery medical records, and a summary (from your insurance company) of all medical expenses related to the 'complications' you suffered that you feel are the result of malpractice. Time is of the essence! Do not delay in contacting an attorney for assistance.