I was forced to sign a medical release form for emergency surgery required because of a car accident.
That was 8 years ago. NOW I am starting to have problems directly caused by the surgery. I have a large hernia that my new doctor (s) say was caused by a problem during my surgery. My intestine was nicked and now it is causing me grief. Do I have any recourse even though I signed a release form 8 years ago?. keep in mind without the sugery I probably wouldnt be here today. Am I forced to suffer now because of the botch job surgery done 8 years ago?.
I have had 3 other doctors confirm the problem I have now is due to the surgery I had at that time.
That was 8 years ago. NOW I am starting to have problems directly caused by the surgery. I have a large hernia that my new doctor (s) say was caused by a problem during my surgery. My intestine was nicked and now it is causing me grief. Do I have any recourse even though I signed a release form 8 years ago?. keep in mind without the sugery I probably wouldnt be here today. Am I forced to suffer now because of the botch job surgery done 8 years ago?.
I have had 3 other doctors confirm the problem I have now is due to the surgery I had at that time.
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All emergency surgeries involve a lot of risks. The medical release that you signed 8 years ago should protect the residing surgeons who treated you from liability, within the confine that they had performed the procedure in good faith, but it would not protect them if there was gross negligence involved. Your question is: can you sue them for damages incurred during the surgery which, by your own admission, apparently saved your life? I think the answer is yes. For you to win in court, you probably have to prove gross negligence (i.e. your intestine should not have been nicked for such a procedure). I suggest you consult a liability lawyer.
While I sympathize with your situation, I disagree with one key point in your argument, that you are forced to suffer now because of the "botch job surgery" done 8 years ago. If it was indeed a "botch job surgery", you would not have been alive today. People die in the ER all the time, and you could easily have become one of the statistics. I think ER surgeons are among the most underpaid, underappreciated group of professionals for the kind of exhaustive work that they perform everyday.
While I sympathize with your situation, I disagree with one key point in your argument, that you are forced to suffer now because of the "botch job surgery" done 8 years ago. If it was indeed a "botch job surgery", you would not have been alive today. People die in the ER all the time, and you could easily have become one of the statistics. I think ER surgeons are among the most underpaid, underappreciated group of professionals for the kind of exhaustive work that they perform everyday.
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