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View Full Version : Elective surgery during childhood that went bad


justmae
Mar 14, 2013, 08:48 PM
When I was 7 my mother chose to have a procedure done on my right eyelid. I was born with ptosis: longer muscle in eyelid, so it was droopy but functional, i.e. the eye blinked naturally, it closed when I slept and the vision was normal. After the surgery, the eyelid no longer functioned the same, it does not blink unless forced, it stays open when I sleep, it gets styes and ingrown hairs often, I wake everyday with watery eyes, crusty and it is extremely sensitive to light (tearing and burning), also the eyeball itself has become "out of alignment" so to speak, as it looks off to the right when my left eye is looking straight ahead, also I did not have this before the "elective" surgery that my mom had performed. After there surgery she did nothing, absolutely nothing to seek medical treatment for my eye. Please help is there something I can do?

Wondergirl
Mar 14, 2013, 08:50 PM
Have you seen an ophthalmologist? That would be your first resource.

justmae
Mar 14, 2013, 09:04 PM
Have you seen an ophthalmologist? That would be your first resource.

Yes, many times as an adult, I have even had 2 surgeries done as an adult in an attempt to fix the alignment. I appreciate your suggestion, however, I am seeking legal advice, rather than medical. I am wanting to know if I can sue my mother for damages, the surgery was purely cosmetic and has caused a tragic loss of vision and disfigurement. Any help would be appreciated. Thank you!

Wondergirl
Mar 14, 2013, 09:15 PM
Yes, many times as an adult, I have even had 2 surgeries done as an adult in an attempt to fix the alignment. I appreciate your suggestion, however, I am seeking legal advice, rather than medical. I am wanting to know if I can sue my mother for damages, the surgery was purely cosmetic and has caused a tragic loss of vision and disfigurement. Any help would be appreciated. Thank you!
You had posted this under Family Law but didn't mention what you have done as an adult to correct the situation. I will have to bow out at this point and leave your question to the legal brains here on the site. We have several who will weigh in as they come online and see this thread. Please be patient and check back now and then. It may take a day or two to get some good feedback. I do wish you success at whatever you do. This must be a difficult problem to live with.

justmae
Mar 14, 2013, 09:21 PM
You had posted this under Family Law but didn't mention what you have done as an adult to correct the situation. I will have to bow out at this point and leave your question to the legal brains here on the site. We have several who will weigh in as they come online and see this thread. Please be patient and check back now and then. It may take a day or two to get some good feedback. I do wish you success at whatever you do. This must be a difficult problem to live with.

Really do appreciate your help and thank you for the kind words, and yes it is a very sensitive issue, and I have never been aloud to tell my mother how I have felt and I have even suggested counseling, but c'est la vie, I am looking for other ways to resolve. Thanks again!

Wondergirl
Mar 14, 2013, 09:29 PM
Really do appreciate your help and thank you for the kind words, and yes it is a very sensitive issue, and I have never been aloud to tell my mother how I have felt and I have even suggested counseling, but c'est la vie, I am looking for other ways to resolve. Thanks again!
Counseling also might be helpful (*cough* can you tell I'm a counselor?), partly because I sense that your going after her legally would be maybe a kind of revenge? She may have been going on the best knowledge and advice available at the time from the doctors she consulted, hoping to improve your life, not mess it up further. NOT doing anything might have been bad too. Consider my friend who fell down the stairs when she was small. Her parents were Christian Science and so refused to get medical help for her. Her leg healed up, but was foreverafter crooked and she has a bad limp.

justmae
Mar 14, 2013, 10:30 PM
Counseling also might be helpful (*cough* can you tell I'm a counselor?), partly because I sense that your going after her legally would be maybe a kind of revenge? She may have been going on the best knowledge and advice available at the time from the doctors she consulted, hoping to improve your life, not mess it up further. NOT doing anything might have been bad too. Consider my friend who fell down the stairs when she was small. Her parents were Christian Science and so refused to get medical help for her. Her leg healed up, but was foreverafter crooked and she has a bad limp.

Wow!! I have stated I asked my mother for counseling, she will not do that. She kidnapped me from my dad when I was 6, she spent the next 10 years dragging me from bar to bar and one drunk man to another. She had a front tooth knocked out by one guy... she had the ability to get herself to Tue dentist, while denying dental treatment to me for my entire childhood, I left the house with no less than 10 cavities in my mouth. My father was murdered shortly after she kidnapped me, she lived on a nice income that was provided due to his death, yet she never had money to take care of me... There was even about a four year period where one of my stepdads had us on his insurance and it was great, I remember how my mom was able to go to the doctor for almost nothing.. it was the '80's. Nonetheless, k medical needs where not her concern. Yes she finally quit drinking when I was 16: next 2 years of my childhood was focused on her sobriety, I can't tell u how many times she went into a screaming rage and threatened to get get drunk during those two years... Then I left home, and since she has gone back to socially drinking wine, yet she flames she has 23 years of sobriety. There is NO CONFRONTING HER on this issue, she is still sober in her mind. YES counseling would help... If all this had happened to me in a car wreck by a total stranger would you be OK with me seeking monetary retribution?? Remember... she refuses counseling!!

justmae
Mar 14, 2013, 10:34 PM
wow!!! I have stated I asked my mother for counseling, she will not do that. She kidnapped me from my dad when I was 6, she spent the next 10 years dragging me from bar to bar and one drunk man to another. She had a front tooth knocked out by one guy....she had the ability to get herself to Tue dentist, while denying dental treatment to me for my entire childhood, I left the house with no less than 10 cavities in my mouth. My father was murdered shortly after she kidnapped me, she lived on a nice income that was provided due to his death, yet she never had money to take care of me.... There was even about a four year period where one of my stepdads had us on his insurance and it was great, I remember how my mom was able to go to the doctor for almost nothing.. it was the '80's. Nonetheless, k medical needs where not her concern. Yes she finally quit drinking when I was 16: next 2 years of my childhood was focused on her sobriety, I can't tell u how many times she went into a screaming rage and threatened to get get drunk during those two years..... Then I left home, and since she has gone back to socially drinking wine, yet she flames she has 23 years of sobriety. There is NO CONFRONTING HER on this issue, she is still sober in her mind. YES counseling would help..... If all this had happened to me in a car wreck by a total stranger would you be ok with me seeking monetary retribution??? Remember.....she refuses counseling!!!

... and let's not.forget I am paying the price for her mistakes!!

Wondergirl
Mar 14, 2013, 10:35 PM
wow!!! I have stated I asked my mother for counseling, she will not do that. She kidnapped me from my dad when I was 6, she spent the next 10 years dragging me from bar to bar and one drunk man to another. She had a front tooth knocked out by one guy....she had the ability to get herself to Tue dentist, while denying dental treatment to me for my entire childhood, I left the house with no less than 10 cavities in my mouth. My father was murdered shortly after she kidnapped me, she lived on a nice income that was provided due to his death, yet she never had money to take care of me.... There was even about a four year period where one of my stepdads had us on his insurance and it was great, I remember how my mom was able to go to the doctor for almost nothing.. it was the '80's. Nonetheless, k medical needs where not her concern. Yes she finally quit drinking when I was 16: next 2 years of my childhood was focused on her sobriety, I can't tell u how many times she went into a screaming rage and threatened to get get drunk during those two years..... Then I left home, and since she has gone back to socially drinking wine, yet she flames she has 23 years of sobriety. There is NO CONFRONTING HER on this issue, she is still sober in her mind. YES counseling would help..... If all this had happened to me in a car wreck by a total stranger would you be ok with me seeking monetary retribution??? Remember.....she refuses counseling!!!
Thank you for adding all that. That gives a much clearer picture of what was going on, the family history, so to speak. I suggested what I did not knowing any of this.

I will hope our legal people will respond to this thread. I will keep an eye on it and PM them, if necessary. Thank you for your patience!

Fr_Chuck
Mar 14, 2013, 11:45 PM
No, there is no legal basis for any law suit against your mother,
And any time to file would long be past even if there was

Any case against the doctor would be past ability to sue at this point also.

In fact your issue is actually more common than you may know, this procedure was done to 1000's and many ended up with problems in latter years, often the problem showed up more after a few years from surgury.

AK lawyer
Mar 15, 2013, 04:55 AM
The surgeon would have been the one to sue, not the mother. But, as Fr_Chuck says, it appears to be past the SOL (statute of limitations). How old are you?

cdad
Mar 15, 2013, 11:10 AM
Mostly it is going to depend on where you live and how old you are now. Most of the States with an SOL have it at a 3 year window. But minors get more time but it has to be started by the 18th birthday in some states. Here is a basic rundown on the SOL.

Personal Injury Statute of Limitations State by State (http://www.statutes-of-limitations.com/case_type/medical-malpractice)