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Medical Malpractice/femoral nerve damage from artery puncture during laparoscopic d&C

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Question
I had a d&c procedure performed in 2004, during which time an artery was punctured and repaired. I awoke immediately with pain that stemmed from my left hip, to my groin and down my left leg. I took Tramadol, Neurontin and Topamax for nine months leading to a my total hysterectomy in 2005. At which time the surgeon was able to get my leg to where it was numb (from top of thigh towards the groin) with no pain. At the time I sought out legal help with no avail and since I wasn't having any pain, I guess that meant there was no lawsuit. Well fast forward 10 years and now my left leg has slowly but surely began to experience pain again. It now feels like I have a persisting groin injury, my knee gives out and it hurts (stabbing, burning, throbbing) to stretch, sit or stand for long periods. Do I have a case? At the time I even submitted a medical complaint against the first surgeon (the 2nd surgeon I have no issues with) but it was unsuccessful. I feel like if I would have died on the operating table my family could have sued then but what about now that I have to live with the pain with limited insurance to get the best treatment I deserve when this was done to me?

Answer
Necole,

Without knowing what state you live in because it was not provided, the answer is probably not.  Most states have a "discovery rule" which may increase the time to file when you knew or should have known you had a potential claim.  The fact you spoke to attorneys over a decade ago would most likely preclude you from asserting a case now; however, you should speak to an attorney in the state in which the malpractice occurred.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

Medical Malpractice

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Paul D. Friedman, M.A., Ph.D., J.D.

Expertise

I have been a practicing civil trial attorney since 1989 dealing primarily with malpractice issues. I litigate very select medical malpractice cases on behalf of patients or their families. I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy. I am also Certified in Injury and Wrongful Death by the Arizona State Bar Board of Legal Specialization.

In addition to my law degree, I received a Master of Arts in Bioethics and a Doctorate of Philosophy involving Medical Ethics. Because I am also an Adjunct Professor in Research and Medical Ethics at a medical school, I routinely consult with physicians and hospitals regarding medical ethics issues in an effort to improve patient care.

I can answer questions dealing with medical ethics principles. I can also respond to questions regarding potential malpractice issues.

For more information, you can view my website at WWW.EXPERTETHICS.COM

Experience

I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.

Organizations
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosophy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who
Southwest Superlawyers
Top 100 Trial Lawyers
AZ Magazine Top Lawyers

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