I had a hysterectomy due to a fibroid, constant heavy bleeding, and very painful cramping. I was told (by the doctor that performed my hysterectomy) that the doctor that did my last c section had placed my uterus on top of my stomach instead of under it, and that is part of why I was in such terrible pain.
The hysterectomy took longer to do because my uterus was also stuck to my stomach. The fibroid was never detected from that first hospital. I changed hospitals and was able to get help after chronic pain for 7 years.
What can I do? Is the first doctor/hospital responsible for placing my uterus on top of my stomach instead of under it, and for the 7 years of pain? How do I file a case against them? 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.
Your medical problems are of a serious and complex nature. Whether the first doctor and hospital wrongfully (negligently) placed your uterus on top of your stomach, rather than under it, is a medical question which must be evaluated by experts in the field of gynecology.
You very well may have a claim against the doctor and hospital for medical malpractice, but before you go further you must seek additional medical opinions.
Medical malpractice is generally defined as an action or omission by a doctor, hospital or other medical provider which deviates from the medical standard in the medical community in which the surgery (cesarean section) was performed.
In other words, while placing your uterus on your stomach instead of under it is questionable, if such actions by the doctor were customary, or if the doctor used his or her discretion, and that discretion was within the bounds of normalcy, then medical malpractice may not have occurred.
While the doctor who performed your hysterectomy said placing your uterus on top of your stomach instead of under was the cause of so much pain, the question remains whether or not the first doctor’s actions can be classified as acceptable by other similarly situated OBGYN’s in the community.
Ask the doctor who performed your hysterectomy to write a medical narrative stating the actions of your first doctor were wrongful, and caused you unnecessary and enduring pain. If the doctor will do that, you may have the genesis of a medical malpractice claim. If the doctor won’t commit to writing that information, you may have to find another doctor who will.
Finally, medical malpractice claims are very complex. If you intend to pursue a claim for medical malpractice, you will definitely need an experienced malpractice attorney.
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,
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