Visitor Question

Botched penile implant…

Submitted By: Luis (Bronx, NY)

I had penile implant on April 4, 2013. The surgeon ordered a Coloplast implant without ever seeing or measuring my penis in his office. The device was too big but he used it anyway. Now my penis is bended and stretched. It hurts even to touch it.

I have seen this surgeon twice, and I have seen other urologists and all I hear is there is nothing they can do.

My surgeon is no longer at the hospital and I do not know where he went.

I cannot get intimate with my wife, I cannot sleep well, and I can no longer enjoy some of the things I used to do. I am on medications for the pain. What can I do about this? Is the hospital responsible for fixing this problem? Will I have to file a lawsuit? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Luis,

You should seek immediate medical treatment. Waiting until you locate the doctor could result in your condition worsening.

It should be relatively easy to locate the physician, especially if he is still practicing in New York State. Contact the New York State Department of Health Physician Lookup here. You will be able to enter the name of the physician and locate him.

In most cases, hospitals are responsible for the acts or omissions of the doctors who have privileges to practice on the hospital’s premises.

To be liable, the hospital would have had to have known, or should have known, the doctor was not competent to practice, or that he had several previous medical malpractice cases against him which succeeded. From the facts you present, there doesn’t seem to be evidence of that.

Seek additional medical opinions. If your condition truly is a result of medical malpractice, you will be able to find an attorney to represent you. To know whether or not you have a viable claim for malpractice will require medical opinions from at least one other doctor in the community who has the same expertise as the doctor who treated you.

The doctor rendering the opinion will have to clearly state, in his or her opinion, that the surgery (procedure) performed by your initial doctor fell beneath the medical standard for the medical community, and as a result, you were unnecessarily injured. That is the general definition of medical malpractice.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 16, 2015

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