Liability for botched thyroidectomy?

by M
(San Marcos, TX, USA)

I have read, the most common reason for a re-do thyroidectomy is because of insufficient surgery the first time. My first surgery left me voiceless for 2 months. I was horribly bruised and my neck needed chiropractic care and physical therapy.

I am wondering what my chances are I can recover my expenses for the re-do surgery and what I paid for needed physical therapy?

I needed a second surgery for remaining tissue (evidenced in my blood work). My second (and different) surgeon was fabulous! When I look at the totality of the situation, I believe the first surgeon was and is substandard. I wonder if that surgeon's other patients have to go through what I went through.

In all, my expenses were $65,000 for surgeries, which should have cost half as much, and I went through some horrible recovery issues. I am by no means the kind of person who loves to sue, but I feel very very wronged in this situation. Can you give me guidance? Thank you.

Visitor Question:
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ANSWER for "Liability for botched thyroidectomy?":

M (San Marcos, TX, USA):

What you seem to be asking is whether or not you have grounds for a medical malpractice claim against the first surgeon. It is unlikely the first surgeon will voluntarily agree to reimburse you for some or all of your expenses. As a result, your only viable option will be a medical malpractice claim.

Medical malpractice claims are hard-fought by doctors and their insurance companies. Unlike car insurance companies, which can settle a claim even if their insured doesn't want them to, med mal insurance often permits the insured doctor to decide whether he or she will settle the claim. As a result, it often takes a lawsuit to have the doctor even consider a settlement.

Moreover, to agree to settle means there will be a public record showing the doctor settled a claim for malpractice. That, in and of itself, can scare potential patients away, having the effect of seriously and adversely affecting the doctor's medical practice.

Medical malpractice claims can only be handled by experienced personal injury attorneys. To successfully pursue a malpractice claim, the attorney will have to file a lawsuit, hire expert witnesses to testify, take depositions, and so much more.

Fortunately, most malpractice attorneys do not charge for an initial office consultation. Gather copies of all your medical records and make several appointments with various attorneys. Let them review your claim, and you will get a consensus as to whether or not you will prevail.

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

Best of luck,

Judge Calisi

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