QUESTION

Can I get pain and suffering money from my doctor for clipping my ureter?

Asked on Mar 06th, 2015 on Personal Injury - Wisconsin
More details to this question:
I went in for a laparoscopically assisted vaginal hysterectomy procedure. My doctor was going to originally do it as an opened surgery due to my big uterus but changed her mind the last minute before surgery. So after my surgery she has seen my husband really quickly. She said my surgery was very difficult and it took about three hours and she almost had to open me up a few times but found other ways. She was in a rush to talk with my husband I think since she was running behind from my longer than expected surgery. So I had extreme pain and went back to the hospital where they took x-rays, they sent me home with laxatives saying it was due to being backed up. I took a ton of those, finally, ten hours later I had some relief but that night I was back into extreme pain went to a different hospital who did a CT scan and it showed that my ureter was blocked and urine wasn't flowing though. So finally four days later I had my answer why I was in so much pain. They transferred me back to the hospital that did my surgery and I was told I needed to have a nephrostomy so my urine could release through the bag, they were able to place a stint as well. They said I would be in a twilight state, I felt everything in that procedure and remember everything! So much pain for one little mistake. So now I'm waiting for the next step. The doctor recognized that she made a mistake and told me this has never happened to her in 17 years and she thinks it was the last stitch that she did. I feel she was rushing through my surgery towards the end since she told my husband it was difficult. She had other surgeries to do that day and I think mine took longer than expected. So would that be a case to have a right to sue?
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1 ANSWER

Certainly based on your account, you have a potential cause of action against the physician. I strongly recommend you consult an experienced lawyer who does medical malpractice work very soon. Depending on the circumstances, the statute of limitations can be as short as 180 days from the time of the negligent act, or the time when a reasonable person should have known of the negligence. (This is if the physician is employed by the State of Wisconsin.) Generally, the statute of limitations in actions against a privately employed doc is 3 years in this State. Contact an experienced med-mal lawyer as soon as you can. I am sorry to hear about your suffering, and I wish you the best.
Answered on Mar 09th, 2015 at 2:38 PM

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