Legal Question in Medical Malpractice in Indiana

Hello'

I have a medical malpractice question. about 5 yrs ago I had surgery to drain a cyst, called an arachnoid cyst, on my brain. The surgery was called a Finistration. The problem is, the neurosurgeon removed my pinealgland while he was in there, by mistake. He said he thought it was a tumor. I was in intensive care 3 days, and unresponsive. After coming to I went home after a few days more. Then, had to return by ambulance when I was vomiting, and in severe pain. The doc avoided my family's questions, and played it off like it was no big deal. Since that time I have had many problems, Like sleep problems, and depression, which meds have not been able to help. I've tried many. I have researched the pineal gland, and yes it does have a very important function in the human body/mind. I know there are statutes of limitations, but, this is something that has taken time to realize the ramifications, or the problems it has, and will cause, not having the gland. I haven't even been able to lead a functional life. I have many friends and family who can attest to this. I need to know if there is any chance of a law suit against this doctor.

My new neuro doctor says he doesn't even see that the doc did the surgery, as the cyst is still the same size, etc...


Asked on 9/13/09, 11:02 am

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I am sorry to hear about your experiences. Based on the information provided, there may be a cause of action. I am encouraged because there may have been a coverup regarding the initial surgery that was just recently discovered by your neurosurgeon. However, I have a series of questions that I would need to have answered in order to provide you with a more concrete response. Please email me with contact information and I will call you. Please provide me with convenient times for a call.

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Answered on 9/13/09, 11:44 am
Larry Jackson Jackson Law Firm, LLC

The answer likely dpends upon when you learned that the doctor removed the pineal gland rather than the turmor. If that discovery came within the last two years, you have a better chance of claiming successfully that the statute of limitations has been satisfied if a claim is filed promptly.

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Answered on 9/14/09, 6:41 am


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