non-appendectomy

[nonappy]

What is the name of your state (only U.S. law)? Missouri
May of 2007 i had an emergency appendectomy but symptoms persisted. Surgeon told me to switch to Prilosec from Zyrtec because he didn't see anything abnormal at after surgery check up. after no response from messages left w nurse I had my reg. Drs trying to figure out problem. Pain, nausea, diahrea persisted for 2 yrs. Then several trips to ER later and 3 mths of high doses of pain killers and nausea meds later found out in Mar of 2009 that I needed an appendectomy. It was assumed that wasn't the problem because it was removed. I had to go back to the original surgeon who kept putting me off though I had the scan sent to him and was told by CMH surgeon I need Emergency surgery. I finally had enough and asked why he didn't feel I needed surgery when another surgeon said I did & he told me to go to the other Dr. I then asked what he wasn't seeing in the CT that the other did and that's when he admitted he didn't look at it. I told him I would wait and an hour later was told I needed surgery asap. I finally had it removed April 2009. At the end of May I called lawyers whos adds are on all the time and was told that original surgery was one in error not the Apr 09 so nothing I can do. Is this true? I was sleeping almost 18 hrs per day plus couldn't be far from a restroom now I sleep closer to normal hours but more pain coming back so I have to go in for more tests. What are my options for compensation. I haven't gotten an appology or anything. The last thing he said to me was "I just didn't get it all" when I asked how this happened.

[lya]

According to what I read on the web, the two-year statute of limitations expired in May 2007.

[ecmst12]

I think Lya means May of 2009, not 2007 And I hope you switched from Prilosec to ZANTAC because Zyrtec is an allergy medicine and won't do anything for your stomach.

[lya]

LOL--yeah, that would be 2009 when the statute expired.

[Zigner]

It could be argued that the SOL didn't START running until MARCH OF 09.

From http://www.expertlaw.com/library/limitations_by_state/Missouri.html

Professional Malpractice: Medical malpractice, 2 years from the date of discovery of the act or omission giving rise to injury, to a maximum of ten years after the date of that act.

Originally Posted by nonappy

What is the name of your state (only U.S. law)? Missouri
May of 2007 i had an emergency appendectomy but symptoms persisted. Surgeon told me to switch to Prilosec from Zyrtec because he didn't see anything abnormal at after surgery check up. after no response from messages left w nurse I had my reg. Drs trying to figure out problem. Pain, nausea, diahrea persisted for 2 yrs. Then several trips to ER later and 3 mths of high doses of pain killers and nausea meds later found out in Mar of 2009 that I needed an appendectomy. It was assumed that wasn't the problem because it was removed. I had to go back to the original surgeon who kept putting me off though I had the scan sent to him and was told by CMH surgeon I need Emergency surgery. I finally had enough and asked why he didn't feel I needed surgery when another surgeon said I did & he told me to go to the other Dr. I then asked what he wasn't seeing in the CT that the other did and that's when he admitted he didn't look at it. I told him I would wait and an hour later was told I needed surgery asap. I finally had it removed April 2009. At the end of May I called lawyers whos adds are on all the time and was told that original surgery was one in error not the Apr 09 so nothing I can do. Is this true? I was sleeping almost 18 hrs per day plus couldn't be far from a restroom now I sleep closer to normal hours but more pain coming back so I have to go in for more tests. What are my options for compensation. I haven't gotten an appology or anything. The last thing he said to me was "I just didn't get it all" when I asked how this happened.

[lya]

Originally Posted by Zigner

It could be argued that the SOL didn't START running until MARCH OF 09.

From [url=http://www.expertlaw.com/library/limitations_by_state/Missouri.html]Missouri Statute of Limitations[/url]

Professional Malpractice: Medical malpractice, 2 years from the date of discovery of the act or omission giving rise to injury, to a maximum of ten years after the date of that act.

I don't think so. The OP's attorney agrees with my statement r/t Missouri medmal info from the web.

[Zigner]

OP doesn't have an attorney...

[ecmst12]

But OP has consulted attorneys who told him the SOL was expired.