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Court rules that patient cannot file lawsuit for surgical error 2 years after surgery

Posted on May 31st, 2011 No Comments

An Idaho court recently ruled that a man who had wrong site-surgery performed in 2004 was not able to file a malpractice lawsuit against the doctor who performed the surgery because the mistake was not found until two years after the surgery.

The man underwent spine surgery in 2004 after he suffered a work-related injury. The doctor installed a plate into the T6-7 area of the man’s spine, instead of the T6-5 area of the spine which is where he intended to perform the surgery. Neither the man nor the doctor were aware of the mistake until two years later when the man suffered another spinal injury. Upon the doctor’s examination, he realized that he had performed surgery on the wrong part of the spine and that was the cause of the man’s pain.

The doctor informed the man of his mistake, however, a court in Idaho, as well as the Supreme Court, denied the man’s request to file a lawsuit against the doctor because the statute of limitations for the malpractice had run out.

If you or someone you love has undergone surgery that was performed on the wrong body part, please contact the Louisville medical malpractice lawyers of Sampson Law Firm at 502-584-5050.

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