Post Gastroplasty Complications

[Algwoods]

What is the name of your state? TEXAS

I had a gastroplasty in 1993. I now have an esophagus problem which I just found out is the result of the gastroplasty. Is it too late to sue the hospital. The Physician retired a year after the surgery.

AL

 

[David.v.Goliath]

SOL

i believe your SOL has expired. most states do not exceed 3 to 5 years for med-mal. you should check just to be sure. good luck

 

[Algwoods]

As far as determing how expiration dates to file claims, does it matter that the complication did not appear until years later?

algwoods

 

[David.v.Goliath]

SOL

you may want to talk to a lawyer. i checked texas SOL and you may be able to file your suit from the date of discovery, if you can pass the objective standard used by the court. The texas supreme court has recently ruled that you cannot start the running of prescription until the injury acrues.

good luck

DvG

 

[ellencee]

Algwoods
I don't know what happened to my response to your question last night, so I'll restate it now.
You have not stated which gastroplasty you had, so I infer you had the 'stomach' stapling. If you think about the mechanisms of this surgery, it is not difficult to understand that indigestion and heartburn are common results. Indigestion and heartburn are frequent causes of esophageal problems.
You have not stated what esophageal problem you are having. More likely than not, the esophageal sphincter (cardiac sphincter) has allowed food and stomach acids to flow upwards from the stomach into the esophagus and overtime has become a 'problem'. Is this correct?
This is not a situation caused by any act of professional negligence, or medical malpractice.
The Statute of Limitations begins at the time you knew or should have known that an improper act, negligent or malpractice act, occurred causing you to suffer damages.
I believe you will find it most difficult to prove #1: that it is anything but a frequently occuring condition following this type of surgery, which is for an eating disorder of morbid consequences.
#2: that 9 years is a reasonable period of time for an act of malpractice to be realized for the first time.

I do not believe you have a valid claim, but will defer from any further comments so that vrzirn, a surgeon (I believe), can answer with any additional or contradiciting information.

EC

 

[Algwoods]

Yes it was stomach stapling. The problem is pneumonia, aspiration, and the esophagus is not contracting.

algwoods