I really need your help here. This will be lengthy but really need help.

I just got a call from my mother and she learned that she now has osteoporosis. This is due from the lack of calcium.

17 years ago my mother had an operation that caused her to have dumping syndrome. The dos that done the operation caused this illness. Back then my mother had no idea that messed her up that bad. She did not know up until a few years ago and which another doctor told my mother that she should have sued the pants off of him. The doc that done the operation took half my mothers stomach out. Some one also mentions that the statue of limitation ran out. But was also told cause of all the new symptoms that my mother is getting, such as now she has osteoporosis. And many other illness that came long with this.
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My mother is now in the red zone of this disease, which is not good at all. Is there any thing that can be done to sue this doctor?

If the statute of limitations has run out, I don't think there's anything she can do. And even though this doctor is now saying that she should have sued the pants off the other doctor, if that statute of limitations hadn't run out, he probably wouldn't have told her that. Doctors stick together and cover each other's backs real well. It's very hard to get one doctor to say another doctor screwed up when it comes right down to court action. If she could find some way to sue, this doctor might fade into the woodwork and suddenly change his mind about his opinion. Has she contacted a lawyer to see if they think she can sue? And why did the first doctor remove half her stomach?

The statue has run out. But there is aother comlications that has occured due to this. Thereis proff that the dumping syndrom was the cause of this, and =any one that knows about this ilness can valtch for it.

the only reason why my mother went to another doctor cause now they have ways of fixing the dumping syndrom. How ever, in my mothers case, it cant be done.
We do not know why the doc moved half of her stomache, we were told that that doctor screwed up. :( This is out rageous what they did to my mother. I cant tell you how hurt i am.

Have you contacted a lawyer that specializes in medical malpractice lawsuits? That's what I'd do...

Deb

I'm so sorry Lulu! It's so tragic that this happened to her and there's that darned statute of limitations on it. I don't know the law well enough to know whether there could be something done that would set a legal precedent in her case. I suppose if she was rich, anything would be possible. Do they have any of those attorneys there who take personal injury cases and then get paid when the client wins or else the client doesn't have to pay? I'd call around to that kind of lawyer----every single one in the book------if they do exist where she is and maybe one of them would be willing to try something. Setting legal precedent isn't done that often. Usually judges make their decisions based on all the case law that's gone before and ruling in a similar manner. Precedent is set when a judge will stick his neck out and depart from what's gone before. But anything is worth a try. This is going to mean a lot of suffering and medical expense for your mom in years to come. By all rights, there should be some way she could be compensated for it.

This is all sooo hard. I am so mad that i cant think.

There was a lawyer that took this case, but he died. :( I am not sure what came about this. I wonder about pain and suffering?

We have a similar situation here in my family...my best advice is to open your phone book and look for a lawyer who specializes in malpractice suits! Through our own experience, just by making one call can answer a multitude of questions. Most reputable law offices have paralegals you can speak to - the paralegals screen calls and can tell you if there's a claim. They will be able to assist in the statute limitations clause, AND usually they can do this over the phone and at NO CHARGE. Should there be a way around the statute due to the recent diagnosis, they can let you know.

I hope this info helps! My kindest regards to you and your mother...

Lulu, I'm sorry! I would do exactly what Karen suggested. You need to talk to someone in a law office.Your right, there should be a suit. The Doctor that did the surg. should be turned into the Medical Board so they can do an investagation. I know this is hard,I had a med-mal suit at one time over my mother's treatment.

Thank you. I just dont know how to deal with this. I will indeed find out what can be done. Thanks

Lulu,
I don't know all of the law, but I do have an AA degree in Criminal Justice in Washington State.

Here, when a person realizes that they have been wronged and damaged by another, the actual date that a person realizes there was indeed a wrong committed against them, is called "Date of Discovery". This came into effect when they discovered that people who were molested as children sometimes didn't even know that "molestation" was a crime until they became older or adults... According to the old laws, the statute of limitations had ran out and therefore the victim was left with the burden of counseling and expensive medical treatment while the perpetrator went on with life scott free.. Sometimes a person doesn't realize the extent that they are wronged until YEARS later.... When this reality hits them, it becomes the "Date of Discovery"... In Washington State, a person has 3 years to file a claim from the "Date of Discovery".

You might ask about the laws conserning this in your state... I hope that helps a little...

Excellent Debi! I'm so glad you posted this! Let's hope it will apply for Lulu's mother!

I don't know about the legal aspects of this. But do some research on osteoporosis and make sure she's recieving proper treatment now so it doesn't continue to progress.

that is right, i forgot aout that, I will look into this. thanks so much.

Yes, my mother is getting the proper meds. the problems is with dumping syndrome, this really sounds bad. but any meds my mother takes in, she ( sorry) poops out. She cant keep the meds in her system long enoungh, :(

thanks for every one help

Lulu,

I'm sorry to hear about your Mother. I don't know anything about the legal aspect of her situation, but I'm sure a medical malpractice attorney could assist you with a free consultation. Regarding her medication issue, I know it sounds rather invasive, but can the doctors give your Mother intraveinous or intramuscular medication? There's less of a chance of "loss" of the drugs that way. There HAS to be something that a doctor can do and if her current physician can't and/or won't do anything to help her, then there are other doctors to treat her. Best wishes to you and your Mom! You'll both be in my thoughts.

Michelle

To be honest, that is what i was hoping they could do. I may ask my mother about that. Thank you for the kind words
you will dont know how much it means to me