Could This Be Malpratice Case?

[Zuriel]

I had Gastric-Bypass Surgery in 2001, during surgery the doctor punctured my spleen and said he tried to repair it but couldnt, so he had to remove it. I had to have a blood transfusion before leaving the hospital. 2 months later, we moved to Fort Polk, La. It started out i was getting sick alot, and couldnt eat. I went from 363 to 180 within a few months. I had to be put in ICU because the doctors didnt know what to do , they called alot of different places to try to find out what to do. I had a feeding tube, blood transfusions, TPN feedings 24 hours a day, Plus whole fat. I had to have home health to come out. I ended up with yellow jaundice and Hepatitis from all this.Finally the Army sent me closer to my home state so I could see the doctor that done my surgery. I went to see him and he said Oh i cut your intestines to short, I'll have to go back in and fix it. So he did that and a tummy tuck (tummy tuck he said he would pay for half since I had to go thur all that). I went to my moms that night and ended up going to the ER because I was bleeding alot in the drain tubes, come to find out I had blood clots all aross where I had the intestines and tummy tuck surgery. Ive had serveral other blood transfusions since that and Iron infusion. A few years ago  i had blood work done and doctors told me I had auto immune disease but they dont know what kind. I've had Blood, Iron, Joint Disease and other problems due from this surgery.I'm still having problems related to the surgery now. I need another blood transfusion but from the last one my platelets are very high. I'm having  problems with my memory, this has been going on since after my surgery. Any advice is all I need , please.
Thank You , Tammy

[Doogan]

"All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within six months from the date of such discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Ala. Code § 6-5-482 (1993). " It would appear the statutes of limitations have expired which would preclude the possibility of litigation.  It would be very problematic that you returned to the doctor who did the original procedure which you experienced difficulties to have him do another.
No one on a board could state whether malpractice occurred in any event. Gastric bypass surgery comes with many risks including Vitamin and mineral deficiency, dehydration, gallstones, bleeding stomach ulcer, intolerance to certain foods, kidney stones, low blood sugar, infection and the possibility of future surgical procedures..Other less frequent risks include but are not limited to: perforation of stomach/intestine, injury to spleen, small bowel obstruction, development of gallstones or gallbladder disease, gastric pouch ulcer, weight gain or failure to lose satisfactory weight, anemia, hair loss, iron deficiency, vitamin deficiency, etc.
Further your post refers to the Army.  If these procedures were performed in an army hospital, it is entirely possible that statutes notwithstanding, you might not have been able to sue.
You might discuss with a medical malpractice attorney but I do not see this as being something you can pursue.

[Unwine]

Good call. I missed the date. I agree, it's almost certainly too late to take any action.

[linda.aperez.169]

Hi,
Yes definitely this is case of medical malpractice. My friend had faced a similar situation and she filed a case and got her claim. Consult a good medical malpractice lawyer and he will sort it out for you.http://www.monteithbaker.com/practice-areas/personal-injury/medical-malpractice/

[Felim]

Impossible to say without having someone review your medical records.
This is a very complex, dangerous surgery. A bad outcome does not mean the surgeon was negligent.