I went into have a routine kidney stone removed outpatient. my surgery lasted 3 hours longer than expected. They collapsed my lung and evidently lost blood; I received two units the next day when I was in ICU.
I was in ICU for four days with no answers to me or my family of what happened. After eleven days in the hospital I was released and told to come back in subsequent weeks for follow up ct scans. I was released from the doctor with him saying everything was fine i was stable and safe. I had problems a month later so I chose another surgeon. He got my last ct scan where it showed no stones were removed at all. He took care of them in an outpatient setting and i have been clear of all stones since them.
I have chest pain still associated with my lung scars from chest tubes. I am just now well enough to think about going back to work as the last year has been up and down and me not able because of the medical problem that i had with the first surgery. We have asked numerous questions to the health care provider he is at mercy hospital but no answers from that end.
My question is do I have any legal options regarding the pain and suffering that was done to me? I have lost over a year of work, and continue to have serious chest pain sometimes.
Answer:
You certainly have legal rights regarding pursing a medical malpractice lawsuit for the first surgeons performance. In terms of medical negligence, it sounds like you have solid legal grounds for which to pursue a legal claim.
Whether or not you will be able to file a suit successfully depends on the severity and value of your damages. You can demand all your lost income, pain and suffering, medical expenses, etc. You should talk to a medical malpractice lawyer to discuss your case and find out what the best option is for your situation.
References:
Posted by Staff Writer on 22 Jan 2010