I went in for a vaginal hysterectomy on October 2013. The doctor for whom I signed consent to perform the procedure ended up not being the doctor who performed it. I found this out the day of surgery.
My husband stayed in the waiting room during the procedure, which seemed like forever for him. Someone finally called him back to tell him there were “complications.” This young doctor severed a vessel because she used a laparoscope, which was not discussed.
I ended up losing a lot of blood and was cut from my breast to hairline, approx 11″. I have horrific nerve pain and I’ve lost ALL intimacy with my husband. There’s so much more to my story, but this sums it up. Is there anything I can do? Can I file a medical malpractice claim for this? Thanks for any information you can give.
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.
From the facts you present, you appear to have the basis of a medical malpractice claim. A case like yours should never be handled by the victim. All malpractice claims should be handled by an experienced attorney.
Gather copies of all your medical records and bills, together with X-rays, lab work, and other records directly related to your surgery. Also secure copies of all your medical bills, and any other expenses directly related to the surgery and its aftercare.
It appears you suffered unnecessary pain and discomfort as well as the “loss of consortium” with your husband. Loss of consortium is a compensable form of damages.
Make appointments with several medical malpractice attorneys in your area. Bring along copies of all medical bills, records and related documentation. Fortunately, most attorneys will not charge for an initial office consultation. After consulting with several attorneys, you will have a good idea of the merits of your case.
Moreover, most medical malpractice attorneys never charge any fees in advance. Because malpractice claims are often hard fought by the doctors’ insurance companies, it will take a substantial investment by your attorney.
You will not have to pay any of these costs, nor the attorney’s fees unless your attorney succeeds in either settling your case, or winning it at trial.
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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