QUESTION

How likely am I do get financial compensation from a doctor or hospital in what appears to be an unnecessary surgery?

Asked on Oct 22nd, 2012 on Medical Malpractice - North Carolina
More details to this question:
Before having an iud inserted for bleeding problems I had an ultrasound. Due to something seen during the ultrasound a hysteroscopy and d and c was performed to test for cancer or other issues. The specimen from this surgery was lost before being tested. The doctor said the result was not necessary in order to move forward with the insertion of the iud. If the surgery was unnecessary I would not have had it. The doctor has said I'm at a very low risk for having cancer so there's no need to worry. They charged my insurance for the surgery and sent me a bill for the balance but I disputed it and they retracted it from the insurance and have cleared my portion so at least I don't have to pay for it but I still went through the physical pain of an apparent unnecessary surgery and missed an entire week of recovery afterwards.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I don't think you have a financially viable medical malpractice case, because I think the analysis is that you had necessary surgery, that was rendered pointless by loss of the pathology specimen. I would not be satisfied with the doctor's after the fact conclusion that you "probably" don't have cancer when they justified a surgical procedure on the pretense that you might a couple of weeks before.  If you don't have a follow-up D&C to test for cancer, and you are diagnosed with cancer later on, then you would obviously have a medical malpractice case, but don't wait for that to happen. Request your records from your current OBGYN, provide the records to another OBGYN, and get a second opinion.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Oct 22nd, 2012 at 6:40 PM

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