QUESTION

scrotal hematoma post vasectomy (apparently only 1-5% chance).

Asked on Dec 29th, 2014 on Medical Malpractice - Colorado
More details to this question:
Prior to surgery about two weeks ago, I had no pain in my testicles. Apparently my doctor hit a blood vessel and now I have a localized blood clot and tons of pressure and pain on my left side. He says to "wait it out." His office and methods seemed old, outdated; he sewed me up rather gracelessly, shot me with local anaesthetic and essentially strapped my testicles one by one. Regardless if this is relevant, the hematoma HURTS and I am not feeling sexually aroused in situations where I used to feel such. I haven't exercised since the operation other than walking- and it's driving me crazy; I can't even stretch properly or do yoga. I teach college and also run archaeological classes for kids, and the way I feel now, no way I can perform the expected duties. The semester starts Jan 19. I know it's "ONLY" been two weeks, but it's been two weeks of pain when most people say a vasectomy only knocks one out for a few days. Please advise. Thank you. Jim Foglio, MA, M.S.
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  Unfortunately, a poor result such as a hematoma following a surgical procedure is not uncommon, and is also typically a risk of the procedure. But, even if negligence by your surgeon can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results you suffered demonstrate medical negligence to such a degree as to compel a jury to a significant award. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I wish you luck.
Answered on Jan 05th, 2015 at 1:43 PM

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