Visitor Question

Pain After Laparoscopic Surgery…

Submitted By: Anonymous (Columbia, SC)

After having laparoscopic surgery several years ago, I awoke in the recovery room with severe shoulder pain. I was told it was gas and it would go away. The pain continued off and on for several years until I had to have an emergency hernia surgery about a year ago. The pain for the last two years before the hernia operation was so extreme that I was missing work, could not do any activities and became very depressed.

Now that I am pain free, I was wondering if the original surgery could have caused the problem, and if so can I be compensated? 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 Anonymous,

The State of South Carolina has a three (3) year Statute of Limitations, or “time period” in which an injured party can either settle a case, or file a lawsuit. If your surgery occurred more than three years ago you are regrettably out of luck. In the alternative, if the three year statute of limitations hasn’t run yet you will be in a position to file a lawsuit to recover “damages” for your injury.

As Shakespeare once wrote, here is the “rub”…

To be able to prevail in a personal injury medical malpractice lawsuit you will have to have substantial and credible medical documentation to support your supposition.

To amass that proof will be difficult. To do so will include seeing several physicians, and then finding at least one who will be willing to testify, through depositions, interrogatories, and possibly in the actual trial. That is very difficult to do, not to mention very expensive.

Your best bet would be to sit with a personal injury attorney to discuss your case. There are various types of personal injury attorneys. Seek several out who specialize in medical malpractice. Most personal injury attorney will not charge you any fee for an initial office consultation.

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: February 5, 2012

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