QUESTION
Am I able to sue the doctor who performed this surgery?
Asked on Apr 26th, 2013 on Personal Injury - Iowa
More details to this question:
I had my tubes tied 5 1/2 years ago. That's how old my youngest is. I’m pregnant now 1 month and 3 days, not in the tubes but in the cervix. I saw the doctor who did my surgery yesterday after going to another hospital for pain. He tells me not to go to that hospital anymore and to come see him only. It made me think he was trying to hide something.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear to me that this is a medical, I'm not a legal question. I would certainly go back to the doctor as instructed, and, if you are not satisfied with his explanations, seek a second opinion. It is well known in medicine that tubal ligations and are not 100%.
Answered on Apr 29th, 2013 at 8:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There aint no guarantee in the tube business. Why don't you see a doctor you trust and find out what the facts are.
Answered on Apr 29th, 2013 at 8:03 PM
James Eugene Hasser
You would need proof that he was at fault, which means you would have to have another Dr. willing to testify under oath that your Dr. messed up. Experienced malpractice lawyers usually have Drs willing to review records for them for malpractice opinions. You may want to consult one. Good luck.
Answered on Apr 29th, 2013 at 7:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, before you can sue a health care provider, you have to have the opinion of another "similar health care provider" that what the first doc did deviated from the standard of care. Regardless of how clear the malpractice might seem to you, only another "similar health care provider" can render that opinion, which is a prerequisite to you bringing a claim. Go hire a lawyer who has experience handling medical malpractice cases not just any personal injury lawyer.
Answered on Apr 29th, 2013 at 12:40 PM
I'm not sure he is trying to hide something, but a suit for wrongful birth in Iowa (based on a failure to properly sterilize) is only viable if there is something wrong with the child that causes the parent additional expense.
Answered on Apr 29th, 2013 at 12:39 PM