I had diverticulitis surgery 20 years ago, with a colostomy bag. This was reversed one year later with a second surgery. About five years later I went for a third surgery for incisional hernia repair w/mesh. Four months ago I went for a fourth surgery for incisional hernia repair.
They used the laparoscopic method, and during surgery reported no problems. But in reality they cut my small intestine.
Four days later, I was rushed to the emergency room. I nearly died and spent three weeks in intensive care. During my aftercare there was also a problem with wounds on my rear end, from laying in excrement, stomach fluids, body drainage, etc.
My wife was constantly requesting nurse help. I now have no mesh protection, no strength or stamina, can’t work, and must have another operation in one year to repair my belly, where three holes were blown open from inside pressure. These wounds need daily care and have bulges from my intestines already.
I read that with several surgeries, and their scars, the surgeon should have done open surgery for my safety and followed up sooner for possible problems. Is there a liability issue here? Would I have a decent case for medical malpractice? 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.
Whether or not you have the basis of a medical malpractice claim will have to be determined after an extensive review of your medical records.
While you quite obviously have a substantial amount of knowledge about your health problems and the types of treatments you have already received, your knowledge and opinion is not enough to establish the existence of a medical malpractice claim.
Instead, you must seek the advice and counsel of an experienced personal injury attorney with substantial experience in medical malpractice claims. Make several appointments with med mal attorneys in your area. Most will not charge for an initial office consultation. Bring along copies of all of your medical records and bills.
After consulting with one or more medical experts (i.e. other doctors and specialists), your attorney will decide whether or not you have the basis of a medical malpractice claim.
If so, the attorney will accept your case on a contingency fee basis. This means you will not have to pay any costs (including attorney’s fees) until, and unless your attorney successfully settles your claim or wins it after trial.
Medical malpractice cases should never be handled without an attorney. It is rare for a hospital or a doctor to admit to having committed malpractice. As a result, it will be a long and hard fight down the path toward winning your case.
Your attorney will pay for the costs of required expert medical testimony, and other substantial up-front costs. You will only be responsible to reimburse the attorney if, and when he settles your claim or wins 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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