Under what conditions can you sue for malpractice/loss of livelihood?

UPDATED: Sep 30, 2022

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Under what conditions can you sue for malpractice/loss of livelihood?

My doctor performed foot surgery on both feet but it left me considerably worse than before the procedure. I believe there is nerve damage and my outside left ankle was misplaced when replaced. I don’t have the medical records but I should be able to get them. Nothing has been filed or reported other than to the doctor. I reported to him that I was having problems. Twice after the procedure, I had to leave work for short term disability. When it looked as if I needed a third leave, I was terminated. I have not been able to work since. I am only able to stand or walk for less than a hour a day or I am in pain. The doctor stated that he didn’t see anything wrong and offered to perform a fusion procedure instead. The original procedure was just over 3 years ago. I have been separated from work for 16 moths and have been trying to find legal advice/representation for this since then. I have also had to apply for disability which has still not been approved to date. I can no longer do the some of the simplest things around the home as I should.

Asked on December 5, 2016 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

in theory you can recover for loss of income or earning potential due to malpractice, if the malpractice is the reason you cannot work (either at all, or as much as previously); you can also recover for the cost of additional medical treatment you need to correct, or at least remediate/reduce, the problem, and for "pain and suffering" when there is significant and long lasting life impairment or disability.
However, it may be too late for you to sue. The "statute of limitations," or time limit within which you must sue for medical malpractice in your state, is only two years from the date of the injury. After the statutory period has run out or expired, you cannot sue. If the original procedure was more than 3 years ago and you became aware of the problem(s) reasonably soon after that, you are likely out of time to sue. 
Sometimes, based on the specific facts of your case, such as circumstances which prevented you from knowing of the injury right away, you can extend the time to sue. Meet with a medical malpractice attorney in  your state RIGHT AWAY, before any more time passes, to see if on the specific facts of your situation, you are still in time to sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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