Visitor Question

Achilles Tendon Surgery Malpractice?

Submitted By: Alexis (Hartford, Connecticut)

I lacerated my Achilles tendon about 2 maybe 2 1/2 years ago and had surgery to repair it. About 2 months ago, I removed a piece of glass from the tendon. I have been going through serious pain and have had problems walking, I even have problems sleeping due to nerve pain in the leg.

I recently showed a doctor the glass and was told that after a professional surgery done in a hospital there isn’t supposed to be a foreign body left inside. I was also told it could lead to infection.

The doctor who originally did the surgery was called during the middle of the night to perform the procedure. It was rushed. I went through immense pain and felt everything while the whole surgery was taking place. After that I was given some sort of pain medication and released from the hospital, at around 3am.

My leg has not been right since then. I limp when I walk and have pain with every step I take (from the tendon to the top of the calf muscle). The procedure took place in Hartford, Connecticut. A medical professional at a different health clinic told me it was a bad procedure and that I should talk to someone about it – this was during a routine physical last month.

What should I do? Does this sound like a good medical malpractice case? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Alexis,

If you had any case at all it may have evaporated 2 years ago.

The State of Connecticut has a 2 years Statute of Limitations, or “time period” within which to either settle a legal claim or file a lawsuit. If the surgery took place even one day after the two year period expired you will have lost your legal right to file a lawsuit against the surgeon or the hospital.

If for any reason the surgery occurred within the two year period you may have a case.

Contact the hospital and request copies of your medical documents. Those include every document from the admitting forms through and including your discharge papers. Because of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, you will need to execute several medical releases.

Once you have your medical records in hand seek the advice of another surgeon. If you are able to confirm the existence of a medical mistake of some sort you may then be able to decide for sure whether or not you were a victim of medical malpractice.

Even then, if you are able to determine there was medical malpractice you will only be able to see if the hospital will voluntarily agree to compensate you for your injuries. Regrettably, they probably won’t.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 24, 2012

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