QUESTION
Can I sue if my DR failed to complete my surgery?
Asked on Dec 28th, 2011 on Personal Injury - Texas
More details to this question:
I recently had stomach surgery to fix 2 hernias. I was told by the Dr that the surgery went well. 3 days later I was sent to the ER for pain beneath one incision. Had a Ct and the ER Dr informed me that I had 2 problems. The tack used was through my abdominal muscle and was tearing and the 2nd problem was that I still had the lower hernia. He went to look at my lower incision and I informed him that there was never lower incision. My Surgion used one piece of mesh to cover 2 hernias and forgot to tack the bottom. I have since had a mesh infection, and an infarcted omentum, and a gallbladder attack from NPO while in hospital. I need now 2 more surgeries, one to fix the hernia and one to remove gallbladder.
17 ANSWERS
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You have a valid medical malpractice claim.
Answered on Jul 02nd, 2013 at 3:24 AM
Bruce Elliott Goodman
The facts that you allege in your question would certainly seem to give rise to a medical malpractice claim against your surgeon.
Answered on Jul 02nd, 2013 at 3:23 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Sounds like you may have a case. But, for a medical malpractice case to be worth pursuing there must be substantial permanent injuries. These kinds of cases are expensive and labor intensive. Only a severe injury warrants the costs, commitment and risk of loss that an attorney must assume.
Answered on Jan 05th, 2012 at 4:23 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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Yes you can sue the surgeon. I would recommend finding a good medical malpractice attorney in your area. Medical malpractice cases are very difficult to win as you bear the burden of proof which means you will have to hire experts to prove your case. Find a good attorney and move forward.
Answered on Jan 05th, 2012 at 12:26 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You may have a suit. It depends on whether the surgeon's performance was negligent, and whether you have suffered significant damages as a result. 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. You will need a medical opinion as to whether the doctor was negligent, and as to whether the negligence caused the problems you have had since the original surgery. Furthermore, if the problems can be fixed, then your damages may not be significant enough to justify a suit.
Answered on Jan 05th, 2012 at 12:23 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes you can if you can establish that the Dr breached the standard of care of a Dr who would perform such surgeries. The bigger problem may be your damages which appear minimal. In Michigan, pain & suffering is limited by statute. Most malpractice attorney don't take a minimal damage case because of the the cost to work it up. Permanent loss of income or lifetime medical expenses may make your case more attractive. Contact an attorney who specializes in medical malpractice cases.
Answered on Jan 05th, 2012 at 12:05 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I am an expert on stomach surgery (been there, done that, got the T shirt)you have had a rough time but what you did not say in your brief memo is whether there is malpractice here. If you find a doctor (surgeon) who is willing to say there is malpractice here and is willing to testify for you, then you have the start of a case. Understand however that the original doctor will likely say you just had a bad result and he will likely get 3 or 4 of his golfing buddies to testify for him.
Answered on Jan 05th, 2012 at 12:04 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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You can sue a doctor for failing to complete a surgery if the surgeon committed "medical malpractice" in his/her failure to complete. However, just because a person had complications following surgery does not mean the surgeon did anything wrong. There are known complications for all surgeries.
Answered on Jan 04th, 2012 at 11:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This sounds like it should be looked into. Get all of your medical records and contact an attorney in your area who practices in the area of Medical Malpractice. Your situation is too complicated to resolve in this format.
Answered on Jan 04th, 2012 at 11:16 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Surgery is different than fixing a car. Sometimes a surgery is not successful and has to be redone. The gallbladder has nothing to do with the hernia so I am not sure why you blame the surgeon for that. Medical malpractice cases require a clear deviation from accepted standards of care. There is nothing in your note to indicate that the doctor was negligent. Good Luck.
Answered on Jan 04th, 2012 at 10:08 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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You may have a valid medical malpractice claim. You will need another qualified doctor (i.e., board certified surgeon) to testify that your surgeon violated the standard of care.
Answered on Jan 04th, 2012 at 1:10 PM
Workers Compensation Law Attorney serving Atlanta, GA
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Rechtman & Spevak
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Just reviewing the facts you have discussed in the Question Detail, I think you have good reason to suspect medical negligence or error. What is determinative in your case is whether the surgeon failed to live up to the standard of care in his profession. Many more details are needed before a lawyer is able to discuss the prospects of a lawsuit.
Answered on Jan 03rd, 2012 at 6:35 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes, if this conduct falls below the standard of care such that it is negligence. There are other requirements, too. Contactt a Med-Mal attorney for more specifics.
Answered on Jan 03rd, 2012 at 6:14 PM
Based on the facts you have provided, it appears you have a claim against the surgeon for medical malpractice arising from, at the very least, the surgeon's failure to tack the mesh. You should consult a medical malpractice attorney to determine the strength of your case. In the meantime, continue to seek medical attention and begin to keep a journal of the manner in which these problems are affecting your everyday life.
Answered on Jan 03rd, 2012 at 6:12 PM
You may certainly have a claim, but an expert will need to definitively say that the doctor used substandard care.
Answered on Jan 03rd, 2012 at 5:18 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes, Failure to properly attach the mesh would fall below the standard of care.
Answered on Jan 03rd, 2012 at 5:16 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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To sue a doctor for medical malpractice you must be able to show the doctor's actions fell "below the standard of care". Based on the facts you state in your email, you may have a potential claim.
Answered on Jan 03rd, 2012 at 5:15 PM