QUESTION

Is the surgeon responsible for not taking care of me after the surgeries and disfigurement?

Asked on Apr 11th, 2014 on Personal Injury - Michigan
More details to this question:
My surgeon operated on me 4 times in 8 months then dismissed me as I wanted a second opinion. I got 3 giant hernias from his surgery. My new surgeon said I have a law suit, as I was full of infected mesh, pain and couldn't eat. I was much disfigured because of hernias and they were dangerous.
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10 ANSWERS

Ronald A. Steinberg
If the second surgeon will testify, then go for it.
Answered on Apr 16th, 2014 at 11:47 AM

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Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 14th, 2014 at 11:01 PM

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Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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You may have a claim against the surgeon and against the manufacturer of the mesh. However, we caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. A review of your medical records by a medical malpractice attorney would be your first step - my firm would be willing to do the review without a fee to you as part of an initial evaluation. It is hard to predict how strong your claim may be without more information. Please provide details, including the names of the care providers and dates of treatment, so that I can better determine whether we can help. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply. I look forward to your response.
Answered on Apr 14th, 2014 at 11:56 AM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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When did you have the operations?
Answered on Apr 14th, 2014 at 10:14 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I was going to make a snide remark about your new surgeon telling you that you have a lawsuit. But, I can tell you are really hurting. So, get yourself to an experienced medical malpractice lawyer in your area right away. Med-mal cases are complicated, expensive and take a long time, so it's best to get started sooner rather than later.
Answered on Apr 14th, 2014 at 10:14 AM

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Amusement Park Liability Attorney serving Richmond, KY at Morrin Law Office
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Whether or not you have a case for medical malpractice depends on whether or not the surgeon/hospital failed to conform to the applicable standard of care, when the malpractice occurred and/or when you knew or should have known about it. If your new surgeon thinks that your last surgeon committed malpractice then you may have a decent case. The only way to find out is to speak with or meet with an attorney to discuss the details.
Answered on Apr 14th, 2014 at 10:14 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you have a doctor who agrees with you you only need a malpractice lawyer.
Answered on Apr 14th, 2014 at 10:14 AM

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James Eugene Hasser
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Apr 14th, 2014 at 10:13 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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If another surgeon has already given you the opinion that the first surgeon was negligent, try to hire a good personal injury attorney who is experienced in handling medical malpractice cases. He or she might be more apt to take your case if they think you already have an expert lined up to testify for you.
Answered on Apr 14th, 2014 at 10:13 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If the second surgeon is willing to testify to his opinion you have defined a cause of action for the damages the first surgeon caused you.
Answered on Apr 14th, 2014 at 10:12 AM

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