I had a hysterectomy back in October 2011. The day following my surgery I felt a flank pain in the kidney area on the left part of my back. I informed the surgeon of the pain but it wasn’t looked into. The pain continued throughout my hospital stay which was 6 days. I kept informing the surgeon and still nothing was done or even checked out.
I was released and saw the surgeon every other day afterwards. The pain only got worse. Finally on the second Monday after my release I went to see the surgeon and again complained of the pain, so finally a CT scan was ordered. It found that a stitch had been placed over the left ureter.
I was referred to a urologist and was immediately admitted to the hospital to attempt to have a stent entered into the bladder, with no luck. The stent was impossible to place because of the damage, so a nephrostomy tube was put in my back going into my kidney. The nephrostomy was only to last 6 weeks but it ended up being 13 weeks. Finally the left ureter was re-implanted, and now I have a hernia at the surgery site.
Do I have a valid medical malpractice lawsuit for the original surgeon placing the stitch over my ureter, or not ordering tests or following up with my complaints? It caused all the extra medical problems and damage to my kidney/ureter. Is there anything I can do about this? 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.
Yes. You have the foundation of a medical malpractice claim. Although the facts you present seem to clearly indicate the first doctor erred significantly, go and get a second, and if possible, a third opinion.
When seeking your additional opinions be forewarned if you tell the doctors you are seeking their medical opinions as a basis for a medical malpractice lawsuit, you may not get through the front door of their offices.
Simply put, doctors, like lawyers, and other professionals, have a sort of “club”. The rules of that club include an unwritten code which proscribes one professional from testifying against another. We aren’t suggesting you lie, but rather seek the additional opinions for the sake of understanding, and possibly confirming your suspicions of malpractice.
Once you have these additional opinions seek out a personal injury attorney with substantial experience in medical malpractice cases. Although you appear to have the foundation for a medical malpractice suit, you can be sure the doctor and his insurance carrier aren’t going to “roll-over” and admit negligence and liability.
Also, beware of the Statute of Limitations in your state, presuming the malpractice occurred in the state in which you reside. That is the time period or “cut-off” time where you must either settle your claim or file a lawsuit.
Check your individual state for its statute of limitations for personal injuries. You can find that information online from many sites.
Learn more here: Lawsuits for Surgical Malpractice
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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