QUESTION
Doctor knicked my bowel and I ended up with a colon bag, do I have a case?
Asked on Feb 06th, 2014 on Medical Malpractice - Wisconsin
More details to this question:
I had surgery on 12-2-2013 to take out my right ovary and scar tissue,,,,The doctor nicked my bowel and did not know it, I had my first bowel movement on 12-7 at 10 pm,,,,I immediately was bent over in such major pain I had to call ambulance,,,they took me to Beaver Dam Hospital and they did a scan and told me it looked to be a blood clot,,,they sent me home,,no blood thinners, just pain killers,,,I laid in bed from Sunday at 3am all day til Monday at 1 pm when my daughter made me go back into the doctor who did the surgery,,,he did some tests had me drink some barium and concluded it was a blood clot,,,he asked if I wanted to wait a few days to see if it would break up,,,and I told him to take it out......pain was immence he started the surgery on Monday,,,I became aware of where I was on Saturday in the ICU..and I had a colon bag on,,,he started the surgery and needed another doctor to take over because it was not a blood clot it was my bowel,,,I spent 20 days in the hospital,,,,"recovering" I remember nothing from the ambulance ride to the time I became aware of where I was and I still wasn't all there,,,I do not know if this is malpractice but I wanted to find out,,,I am disabled since 2000 with degenerative disc disease, so I am on medicare and medical assistance,,, do I contact my insurance company and let them investigate, and do you think I may have a case,,,I am going for a reversal of the colon bag on my side on March 12. 2014 in Madison, at the UW Hospital
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Most likely the initial injury to the bowel was an accepted complication of the procedure, but you may have a case for the failure to timely recognize the injury. There will be a question about whether the case is financially viable because presumably you recovered after the second surgery.
If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Click here for my website.
Answered on Feb 06th, 2014 at 7:29 PM