QUESTION

Can a physician be liable for accidentally tearing your bladder during surgery?

Asked on Dec 16th, 2013 on Medical Malpractice - Alabama
More details to this question:
My sister had a hysterectomy and the surgeon tore her bladder accidentally because he was in a hurry trying not to miss his flight. She has had continue problems and pain ever since. Last week she went for some special testing only to find out that her bladder no longer works. She is now faced with carrying around a catheter or having some sort of device implanted in her to help her empty her bladder. She's a single mom and has missed allot of work. I really need to know what can be done to help her.
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1 ANSWER

Hi.  I am sorry to hear about your sister.  I recommend that your sister request the medical records related to the hysterectomy and and other doctor's appointments she has had since the hysterectomy related to the bladder being cut.  She should not have a problem obtaining these records.  However, most places do charge for copies of records and it will likely take a few weeks to a month to obtain them.  At the least, I would go ahead and request the records from the hysterectomy and the appointment when she was informed her bladder no longer works.  I would also start contacting attorneys in her local area.  She will need to find an attorney who handles medical malpractice claims in the state where the hysterectomy was performed. Any attorney in the state will do that handles those claims, however, it might be more convenient for her if it is someone who is nearby.   Most attorneys provide free consultations and they will likely want to review her medical records related to this.  Tell the attorney that she has requested some of the records and would like to meet to discuss the potential case.   Hopefully you can find an attorney who will review her records and the facts in depth and provide some feedback. I will state that medical malpractice cases are very difficult and also very expensive and time consuming to pursue.  However, I think it is worth her while to attempt to find an attorney to give the case an in depth review to see if it is something worth pursuing further.  Best of luck.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney client privilege exists or is formed by this response. 
Answered on Dec 18th, 2013 at 3:44 PM

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