Medical Malpractice Necessitating a Second Surgery

[jllybean]

I had a hysterectomy and the dr did not put organs back where they belong. had to have another surgery to fix problem. do I have a case? if so is it 2 years from the first surgery or the second one where i found out the problem

[aaron]

The applicable statute appears to be this one:

Actions for professional negligence shall be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating to minority, actions for professional negligence by a minor shall be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs. This section does not apply where the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action shall accrue when the plaintiff discovers or reasonably should have discovered the harm. For the purposes of this section, the term "foreign object" does not include a chemical compound, prosthetic aid or object intentionally implanted or permitted to remain in the patient's body as a part of the health care or professional services.

As there can be multiple statutes, and can be circumstances which may affect the application of a statute of limitations, for an assessment of how the statute of limitations applies to your specific circumstances, you should consult a Maine malpractice lawyer.

[jllybean]

thank you for your information. do you know of any lawyers in maine or what is the best way to find a good one?

[aaron]

You can try to get a referral from a Maine lawyer you trust. You can also explore resources such as the

1. ATLA directory

.