I was admitted into the hospital to have my gall bladder removed due to it being full of stones and about to burst. I went in for laposcopic (spelling) surgery and wound up coming out of it having open surgery. When I was taken back to my room my husband and mother had told me that it ended up being open surgery because the doctor cut my bile duct because I had no stem (an ultrasound and xray were both performed before surgery so they knew I didn't have a stem between my gall bladder and bile duct). I ended up having the full laposcopic surger as well as a 10 inch incision across my upper stomach because the doctor cut my bile duct. He went into the room to tell my mother and husband how surgery had went and flat out said "I messed up" and he drew a picture to show them what he had done, we kept the picture he had drew. Someone told my family I should sue for pain and extra suffering from having 2 surgeries and the fact that they had done the US and such, what do you guys think, case?
2006-12-29 18:03:12 · 12 answers · asked by singing_angel_of_the_night 3 in Health ➔ Diseases & Conditions ➔ Other - Diseases
I just had lapriscopic gallbladder surgery yesterday. One of the first things they warned me of was that the surgeon may have to open me up all the way and do the fully open surgery. I even had to sign a waiver. Not sure if you would have a case. Did they make you aware of this before you had the surgery?
2006-12-29 18:13:10 · answer #1 · answered by Terri 3 · 0⤊ 0⤋
Unfortunately, he probably had a conference where he laid out ALL of the possible risks prior to operating on you, so you could make (or your parents could make) an informed decision.
You have to look at it this way. You are alive. You will heal. The scar can be covered by wearing a shirt. You didn't get any infections (the number 1 risk during any surgery...)
And, as a previous poster said, if he doesn't have malpractice insurance, you won't be able to collect anything because the doctor has probably incorporated to protect his personal assets.
Pay $100 and talk to a lawyer, and he will only try to convince you that you are a "victim". You aren't! You are a survivor! If he had disfigured you in some way, then you WOULD have a case. A lot of the time, the Doctor won't know what he's getting into until he opens you up...
Good Luck, and heal quickly...
Mack
2006-12-29 18:19:28 · answer #2 · answered by Big Mack 4 · 1⤊ 0⤋
while it includes the scientific field it may get complicated. i'm specific for one,You signed lots of of papers in the previous you had surgical technique and who knows what they did or did not say. additionally, a MRI isn't a hundred% precise and is neither any surgical technique. while the wellness care expert opened you up he would or won't have considered something and if he did not see something, what could there have been for him to restoration. additionally if he did see something incorrect including your meniscus and glued it, it do not meen the surgical technique could have held up. then you definately would not have been waiting to bypass as nicely camp besides. All i could say is to locate a lawyer to take the case, thats in case you may. it somewhat is alot extra durable finder a lawyer which will sue a doctor era. yet once you do locate one exspext it to be a drawn out technique. that's not something which will take basically some months. yet another question is, why did it take a three hundred and sixty 5 days after the surgical technique to start hurting lower back. in case you had a toun meniscus then would not it have saved hurting and not in any respect stopped. the different question is, if it never stopped hurting why did not you bypass to a different surgen to have the prcedure achieved. In that 3 hundred and sixty 5 days you will desire to of had each and every thing fastened and you'd be waiting for boot camp next month. i'm asking those questions and all i'm is a house spouse and mom. basically think of what legal experts and judges can arise with and that they have got been experienced to ask those questions.
2016-10-19 05:03:49 · answer #3 · answered by ? 4 · 0⤊ 0⤋
There are 2 ways of looking at it;
1 You can sue. Put yourself and your doctor through the stress of a trial and get some money. Money buys happiness?
2 You can be grateful that you live in a country where you are able to go into a hospital, have surgery done and be better for it.
Personally, I believe suing is a blight on modern society. Really, the doctor was just trying to help you. We all make mistakes. You could try being a bigger person about this and putting it behind you.
Doctors are afraid to tell the truth nowadays for fear of litigation. You could be grateful that he was honest and told you the truth.
2006-12-29 18:16:40 · answer #4 · answered by Anonymous · 3⤊ 0⤋
Most likely you signed a waiver indicating that you will have an arbitration (about 90% of doctors require this or at least in L.A. they do)....
But you could possibly sue for malpractice but you might want to check with your State regarding the laws on this... Additionally, suing for malpractice could take years so it's best to go with a settlement. Additionally, you need to know what the legal definition of pain and suffering truly is...educate yourself on that.
Also, it would be pointless to sue for malpractice if the doctor/hospital doesn't have any malpractice insurance...you might win a settlement but whether or not you'll see money coming your way is a different case...
Again, check with you particular state laws....that is why not all attorneys can practice in all states!!!
2006-12-29 18:10:29 · answer #5 · answered by mailjunkie123 3 · 0⤊ 0⤋
making a case out of this takes a long time and the doctor did tell your family that it was his mistake and he did fix it.. i work with lawsuit all the time that it may take up to 2-5 years for a lawsuit like this to settle because of evidence and all.. not only that, but is there a op-report of the mishap that happened? did they bill your insurance for the mishap?
just be happy that you're okay, and ask the doctor if they could cover the charges to get your scar surgically removed by another surgeon.
no case. just get them to pay for the cosmetic surgery of the scar. --- go to at scar revision specialist and try get the hospital to pay for your bills. ---
2006-12-29 18:38:14 · answer #6 · answered by quyen83 2 · 1⤊ 0⤋
If you're actually suffering and in a great deal more pain because of this mistake, then by all means sue if you feel it's your only option. But if you're not really that upset about it or not in a lot of pain because of what happened, then don't sue just to get money. Money is not going to change what happened.
2006-12-29 18:12:08 · answer #7 · answered by Ashlee S 4 · 0⤊ 0⤋
yes you should, people put all there faith in dr,s thay are human and do make mistakes, more than thay admit or should i say more than is seen or known about. my sister when to the hospital just to deliver her son, when the dr was trying to help deliver the baby with the forceps he tore her uterios she passed out from pain and lost of blood. thay quickly performed a historectomy, when she awoke she was in recovery room the nurse was talking one nurse looked as if she had been cring. she later found out thay had done this to her claiming she had cancer . but the truth was thay made a mistake and was going to cover it up.
2006-12-29 18:20:08 · answer #8 · answered by goldenangelhearts 1 · 0⤊ 0⤋
You should contact an attorney in your area and discuss it with them. Laws concerning these matters vary from state to state, which you haven't provided.
2006-12-29 18:13:11 · answer #9 · answered by Jen 2 · 0⤊ 0⤋
I would contact a lawyer , he knows more if you have a case or not. find out if it would be worth going through all that. what you can do is report him to the hospital board. good luck.
2006-12-29 18:31:27 · answer #10 · answered by misty blue 6 · 0⤊ 1⤋