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