I had surgery on my Achilles tendon. I felt something was wrong so I got a second opinion from another doctor after the surgery. The second surgeon said the original surgery was done completely wrong and I will need to undergo another surgery with a year-long recovery.
This will have a highly negative affect on performing all kinds of tasks in my daily life, not to mention my job. Can I sue the original doctor for surgical malpractice? How much could I get for this kind of negative affect in my life? 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.
Suing a doctor for medical malpractice is one thing… prevailing in that lawsuit is altogether different. Before you consider a medical malpractice lawsuit you should seek additional medical opinions.
If after receiving additional medical opinions you are convinced malpractice occurred, your next action should be to consult with a medical malpractice attorney. Although self-representation in some personal injury claims is acceptable, one should always seek the advice and counsel of a medical malpractice attorney when medical negligence is the issue.
If you do sue the first doctor and you prevail you may be entitled to receive compensation for the actual costs associated with your claim, and more importantly the pain and suffering you may have to endure the rest of your life.
Without more information about the actual costs you incurred so far, the type of work you do, and a more practical understanding of how the pain and discomfort from the surgery will adversely affect your life, it is impossible to give you any specific numerical figure.
A method relied on by attorneys and insurance companies for years when deciding settlement amounts has been to take the actual costs – like medical bills, out of pocket expenses, lost wages, etc.
– and multiply them by anywhere from 1 – 5x or more. That resulting amount is normally in the range a claim will settle for.
In medical malpractice claims the multiple is often closer to 5x than it is to 1x.
So take your costs so far and multiply them by 4 or 5x and you will have a very rough idea of the amount your claim may be worth.
Learn more here: Lawsuits for Surgical Malpractice
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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