QUESTION

Am I entitled to compensation if the doctor said that the ablation caused the hysterectomy?

Asked on Sep 16th, 2013 on Personal Injury - South Carolina
More details to this question:
I had an endometrial ablation in January. I immediately had severe pain and went to the ER twice. Last week, I had to undergo a hysterectomy due to the severe pain and damage the ablation did to me.
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7 ANSWERS

Ronald A. Steinberg
Most all medical procedures have side effects. If you can find an expert who, after examining you and reviewing the medical records, will testify that the ablation 1) should not have been done, or 2) was done improperly, then you have a malpractice case. However, a bad result does not prove that malpractice occurred.
Answered on Sep 18th, 2013 at 12:53 PM

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James Eugene Hasser
It takes an expert medical opinion to answer that question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Sep 18th, 2013 at 12:25 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Only if you can prove that the person performing the ablation did not perform it in accordance with accepted standards. You need to talk with a medical malpractice attorney about the details.
Answered on Sep 18th, 2013 at 12:23 PM

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Jason David Smith
Only if there was a deviation from the standard of care on the part of the doctor.
Answered on Sep 18th, 2013 at 12:08 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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A medical question not a legal one. There is no guarantee with any surgery. Drs simply have to follow standard medicine and if they do it does not matter what the result is even if it has you standing on your head in pain or costs you your life.
Answered on Sep 18th, 2013 at 10:11 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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First, let's get the terminology right: The endometrial ablation did not cause the hysterectomy, a doctor performed the hysterectomy You had an endometrial ablation in January. Obviously, there was a reason for that. If the procedure had been successful, then the underlying condition would have been addressed, and therefore no cause of action. As it turns out, the procedure was not successful. Perhaps this was the wrong procedure for that condition. Maybe it was not done correctly. Or, it could be that it just did not work. So the real question is whether there was something about the procedure that caused the need for the hysterectomy. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have a surgeon review them; if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case.
Answered on Sep 18th, 2013 at 9:00 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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What you are really asking is if you have a medical malpractice case. Te first question is whether the need for a hysterectomy was caused by medical negligence during the ablation procedure. This is a medical question for a doctor to answer. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.
Answered on Sep 18th, 2013 at 8:48 AM

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