Visitor Question

Doctors said they removed tumor but new doctors dispute it…

Submitted By: Chris (USA)

I had a liver resection and my gallbladder removed over a year ago. After the surgery, I was told by the operating surgeons that the mass was completely removed.

I have been experiencing a lot of pain since the surgery and it was similar to the pain before the operation. Finally my new doctor ordered a CT Scan and it showed there was a large mass in the same spot as the previous one.

My new doctor referred me to a surgeon who ordered an MRI. The surgeon and other members of his team say they do not believe all of the tumor was removed from the first operation. Specifically, the tumor is attached to the clips the first surgeon left. Also, it is highly unlikely that the mass grew back (note – the first surgeon also said it was unlikely to ever come back).

Now I’m about to go through another grueling surgery and I’m wondering if the first surgical team is at fault. The first doctors told me they removed the liver tumor, but my new doctors and the MRI dispute it.

Is there anything I can do in this situation? How do I address the fact that the first doctors didn’t complete the surgery adequately and then lied to me about it? Thanks.

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 Chris,

From the factors you present you seem to have a strong medical malpractice case against the initial surgeons. Your best interests would be served by immediately, or is soon as practically possible, seeking out legal advice from several medical malpractice attorneys. You really shouldn’t discuss the circumstances of your medical problems with anyone other than family and friends.

Gather copies of all your medical records, including diagnostic tests such as x-rays, CT Scans (computer axial tomography), and MRIs (magnetic resonance imaging), medical bills, receipts for your out of pocket expenses such as prescriptions and over the counter medications, costs of transportation to and from treatment, and receipts for additional money you spent during your treatment and recovery periods.

Additionally, ask your employer to write a letter (on company letterhead) verifying the times and dates you missed work as a result of your medical treatment and recovery period.

Medical malpractice cases are very complex. They require expert medical testimony from hired experts, costs of filing fees, depositions, subpoenas and more. Fortunately, medical malpractice attorneys don’t charge for initial office consultations. Neither do they charge any fees in advance. You can be confident if you find and attorney who will accept your case the attorney is confident of success.

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: October 15, 2013

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