My surgeon was to take my uterus, both ovaries and both fallopian tubes.
I was told 2 years ago that I still must have one of the them due to lab test results. I reached out to the surgeon that handled my case and was told that indeed they took out everything.
I recently had another surgery, where in my records the new surgeon notes, and so do the CT results, that my right ovary and right fallopian tube are still intact.
What medical recourse do I have, as my specific request and instruction was to remove everything, and the surgeon’s notes say that he did? Is this medical negligence, or just lying and unethical? Thank you 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.
To have the basis of a medical malpractice claim, you must have sustained some type of injury. From the facts you present, you have not sustained any injuries. That might not be the case if your secondary surgery would not have been necessary “but for” the first surgeon’s activities.
If that’s the case, you would then have the basis of a medical malpractice claim for the unnecessary pain and suffering you endured as a result of the secondary surgery.
In such a claim, you would be entitled to reimbursement of all of your medical bills, your out-of-pocket expenses (for medications, costs of travel to and from treatment, etc.), lost wages, and for your pain and suffering.
At a minimum, you appear to have the basis of a civil breach of contract claim against the first surgeon. What you paid for was not accomplished. Moreover, the surgeon failed to explain to you the basis or his actions.
Another route might be the filing of a complaint against the first surgeon with the California Medical Board. Doing so will not cost you any money. Once you file a complaint the board will independently investigate the matter. The surgeon will have to respond to your allegations, so you will see what the surgeon has to say.
If the board determines the surgeon’s actions were unethical, they may suspend or revoke the surgeon’s medical license. If that happens, it will go a long way toward helping any civil claim you may bring against him. The first thing you should do though, is speak with an experienced attorney.
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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