I didn't have anything so drastic as losing a testicle, but he apparantly snipped and cauterized a blood vessel on the left side. He did call me and tell me that the Pathology lab said that the test specimen was not a piece of the vas deferens, but may be a blood vessel.
I went for a semen analysis and the results said that I had a lowered sperm count, but could still get my wife pregnant, so clearly, he cut the wrong tube.
As a specialist, he should know what he is doing, and a vasectomy is not a difficult proceedure. What legal recourse should I seek? He offered to go back in and fix it, but I don't trust him any longer.
2007-05-09 02:40:26 · 12 answers · asked by jester13100 2 in Politics & Government ➔ Law & Ethics
Added details:
I KNOW that there is not big money involved in this, and the fees are not that significant. The issue is the fact that the Specialist is supposed to be an expert. If Anatomies are different, he should take that into account, and be SURE of what he is cutting. There is a serious breach of trust here, and trust MUST be a major facet when dealing with any surgeon.
2007-05-09 03:18:38 · update #1
Simmer down boys - I realize that when it comes to the "boys" you get in a tizzy - but there are things to be thought about here.
There are three things that have to be considered duty of care, causation, and damages. You have duty of care - causation is still iffy (believe it or not - not everyone's anatomy is the same and you may have had a blood vessel where the vas defrens is on most people). No medical procedure is without risks - and be thankful he told you. That is a stand up physician when he called you immediately and told you. Vasectomies are not guarenteed, do not work on 100% of the population and CAN grow back together. Damages - you do have the outlayed cost of the procedure, and post op pain of enduring another procedure - but thankfully you were told before you impregnated your wife with an unplanned child.
So all that being equal - and again I applaud the physician for being upfront...even if he was the absolute best in his field he is only human. My suggestion - talk to him. If you do not want him to repeat the procedure then discuss refunding your fees and finding a new urologist to perform the procedure. You can also talk to him about covering the costs of your second recuperation - time off, pain, etc.
If your hell bent on suing get an attorney - but you are not looking at big money here.....you are not permanently injured because you came out the way you went in.....two testicles, a penis, and fertile.
2007-05-09 03:02:54 · answer #1 · answered by Susie D 6 · 3⤊ 0⤋
This is not all that uncommon. The blood vessel will likely grow back. I think you are entitled to some kind of compensation for your extra time off work, extra pain, etc. I am talking about a trivial amount of money, say a week of your salry. I would ask nicely first, then tell the press. If that does not work, then consult the lawyer. But only as a last resort.
He should have known better, anyway.
2007-05-09 06:08:18 · answer #2 · answered by Marvin 7 · 0⤊ 0⤋
I am not a lawyer - so take this for what you think it's worth.
I wouldn't sue - that will just raise insurance rates and the cost of medical care even more, and his insurance company will be the one that pays, any way. I'd either have him repeat the procedure, and do it for free, or else ask him to pay for the procedure to be done by the best urologist in your area. That would be quicker, cheaper all around, and get the job done.
2007-05-09 02:48:31 · answer #3 · answered by Ralfcoder 7 · 0⤊ 0⤋
Where does the state of NY figure into this??
Go after the doctor.
2007-05-09 02:48:09 · answer #4 · answered by tiny Valkyrie 7 · 0⤊ 0⤋
You have to prove that the snip cause you to drastically lower your chances of impregnating your wife.
If you can prove that in court, that there is a drastic difference before and after the surgery, you have a case.
Congratulations. This is do-able.
2007-05-09 02:45:57 · answer #5 · answered by Magma H 6 · 0⤊ 2⤋
Oh yes sue the lights out of him..
2007-05-09 02:55:56 · answer #6 · answered by Conan 4 · 0⤊ 0⤋
unfortunately you can not sue for that. my brother had it done and a year later his wife was pregnant. he thought that she cheated on him and had a dna done. it was his kid. he tried to sue the doctor , but they do not guarentee the procedure.
2007-05-09 02:49:38 · answer #7 · answered by out for justice. 5 · 1⤊ 0⤋
You need to let the doctor fix it and go on with your life.
2007-05-09 02:46:46 · answer #8 · answered by Anonymous · 2⤊ 1⤋
your surgeon sucks horribly. all you have to do is clip the ductus deferon and the job is done. not hard at all.
2007-05-09 02:46:08 · answer #9 · answered by cliftonstewart11 2 · 0⤊ 1⤋
hell yah sue them fools you an't let anyone **** up your man hood!!
2007-05-09 02:48:38 · answer #10 · answered by Anonymous · 0⤊ 0⤋