QUESTION

while having colon surgery a breast biopsey was done and my lung was nicked causing further medical issues..is this worth pursuing?

Asked on Sep 07th, 2012 on Medical Malpractice - Ohio
More details to this question:
I was admitted to the hospital through the e.r. for a mass on my colon.The mass was presumed to be,and I was told it was, cancer. It turned out the mass was pre-cancerous.During the surgery to remove the mass the biopsey was done...blood came backv in the needle from hitting the lung,which deemed the tissue unuseable...resulting in yet another biopsey. I was dicharged 3 days after my major surgery with only pain meds and a sleeping pill...NO antibiotics! I returned to the e.r. 2 days later with a full blown infection. As a result 6-7 staples were removed which left a large open wound that needed changed 3-4 times daily....so i was in the hospital anther 6 days.Should I seek an attorney about this?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Post-op infection cases are difficult because in many circumstances, the infection is an accepted complication of the procedure because infections can occur even in the absence of negligence. If there is a case, it is usually because the attending physician failed to respond in a timely fashion to mitigate the damages caused by the infection.  While your facts suggest that the infection might have been precipitated by a negligent surgical mishap, if the antibiotics cure the problem in my view you do not have a financially viable case. Another attorney might think differently, because the issue of financial viability is a judgment call and lawyers have different standards for making this decision.  If you want to investigate a case further, 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.   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 for more information about me. Click here for more information about my firm. 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 Sep 08th, 2012 at 11:27 AM

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