Legal Question in Medical Malpractice in California

Peduncle screw in aorta

In 1997 I had major back surgery, fusion of T2 to L2. There were many complications including a DVT from my ankle into the abdominal cavity due to improper nursing care in which the circulation was cut off in my right leg. This was followed by pulmonary emboli, placement of greenfield filter, puncture of my liver. However, I was just recently made aware of another possibly life threatening complication. One of the screws placed to secure the rods, peirced my aorta. In hind site, this accounts for the need of 8 units of blood for that surgery. I now have to be monitored every 3 months by having a CT scan to watch for possible anyerisms. I also just found out that the pulmonary emboli have completely occluded my left lung which will necessitate an extremely life threatening surgery. Do I have a legitimate case or have the statutes of limitation run out?


Asked on 6/28/02, 11:10 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Peduncle screw in aorta

Sorry to hear about your bad luck. The defense will of course argue that the SOL has passed. However, there are circumstances wereby the court allows to maintain the action despite the fact that a year has passed from the "date of the malpractice."

The key is whether you knew or should have known. As such, any evidence that was newly discovered becomes extremely important. To that end, if you'd like I can review your records and let you know what I think. Call me at (323)782-0099 on Monday and ask for Mike if I'm unavailable. Good luck and recover soon.

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Answered on 6/29/02, 1:31 am
Joseph Low IV Joseph Hawkins Low IV & Associates

Re: Peduncle screw in aorta

The type of case that you would have is called a personal injury. The subdivision under personal injury is called medical malpractice personal injury. There is a cap (or maximum) on medical malpractice cases in this state, which is $250,000 for compensatory damages.

As a general rule the statute of limitations for a medical malpractice case is one year from the date of injury. However, the exception to this rule is when the plaintiff (injured party) known or "should have known" about the act that is to be considered malpractice. There are a number of factors that are to be considered by the court when making this determination all of which are fact specific. Depending on the facts of your case, you may or may not be too late to pursue your legal remedies.

I suggest calling or writing more information that would help me give you a more accurate analysis of where you stand.

Joseph Low

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Answered on 6/29/02, 5:07 pm


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