Visitor Question

Medical Malpractice Results in Hysterectomy…

Submitted By: Tom (Arkansas)

Two weeks after my Wife had our second child she experienced some bleeding and I took her to the Emergency Room twice over a weekend. They sent us home both times despite the heavy vaginal bleeding.

Both Doctors felt it was normal and advised us to make an appointment with her Doctor on Monday. In the early hours of Monday morning she had a seizure brought on by blood loss and fainted. I called an ambulance for her and she came very close to death from blood loss and had to have a hysterectomy at 28 years old.

It turned out that her Doctor had left a piece of tissue in her uterus and it was attempting to expel it by way of bleeding (to my understanding). I feel this could have been prevented from turning into the situation it did if the E.R. had called her OBGYN and at least told her what was going on with her patient, which is what her patient policy is with the E.R.

We have been left with the inability of extending our family and my wife is just not the same person after this experience. It has put a strain on our family and marriage. Is there any legal recourse for this?

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.


Dear Tom,

We are very sorry for your family’s trouble. There certainly is recourse. The hospital has a very high “standard of care” when treating patients. Your course of action may be against the hospital and the doctors who treated your wife. You may also have an action against your wife’s obstetrician.

It is important to document everything you can remember, including receipts, names, addresses, times, and anything else you can remember from the time of the delivery of your child up to and including the day you and your wife received the devastating news.

This is a case of substantial magnitude and as such the best advice we can give is to seek out a qualified Personal Injury Attorney as soon as you possibly can. There are excellent Medical Malpractice Attorneys in your community. Seeking their advice is very important, especially now. Most Attorneys will not charge you any fee to sit down and discus your claim. They should be able to fully answer all your questions and offer some guidance about your future decisions.

In the meantime it would be a good idea not to speak with anyone who may contact you regarding the incidents. Often times when breakdowns like this occur the insurance companies will attempt to contact you or your wife for a statement. They are skilled at minimizing the harm and you can be quite sure your conversations will be recorded.

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: February 10, 2011

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