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Surgical mistake during hysterectomy has caused numerous medical problems. Is this medical malpractice?
I had to have a Hysterectomy in 2009, and the doctor nicked my bladder during surgery. Tried to repair bladder by "folding a flap over the hole and stitching it". Came home on the with a catheter, then had the catheter taken out about a week later. It started leaking urine following day so I was Admitted to ER, catheter reinserted. After approx 1 month, I had no improvement, so I was referred to a local urologist.
I was admitted to the hospital for cystogram, cat scans, blood work, etc, shows big hole (fistula) on posterior wall of bladder. The doctor cauterized the fistula on 11/17/09, but it didn't hold, advised to keep catheter until surgery could be performed as fistula won't heal on its own. Local urologist won't perform the surgery for at least 3 months, so I got referred to another specialist. Had cystogram which showed a "large fistula", had bladder repair following day at Sunrise Hospital. The doctor told me it was the longest (3 hrs 50 min) and most complicated bladder surgery he had performed. The doctor also inserted (2) 6/24 stents in both uterers and due to location of the fistula and the way 1st Dr stitched it, urologist had to make another hole at the dome of my bladder to repair the 1st fistula, so I went from 1 hole to 2.
At this point, I was not sure if it completely healed as still leaking urine. During these past few months, I have worn depends, which are very expensive, taking all kinds of medication, which I don't like, I'm not a "pill popper", can't sleep, cry all the time, worried I might lose my job as I am still a new employee with no benefits, along with all the things I've missed out on, was in the hospital over Christmas and my youngest sons birthday. I've been under anesthesia so many times it scares me and I still have another cystogram before the doctor will pull the catheter and stents out. The doctor advised me that this surgery may not be the last, no guarantees on the repair due to the complications I've been having.
I have most of my medical records at this point, but still need to go to hospital where hysterectomy was performed and get a log on how many times I was admitted to ER for problems and pain, even having to pull my kids out of bed late at night and take them with me. I barely sleep and in pain and discomfort everyday.
Do I have any legal options at this point to get compensation for all the medical expenses and lost work? Is this a case of medical malpractice?
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Answers
Cases of surgical negligence such as this, that result in further injuries to the patient can be the grounds for a medical malpractice lawsuit against the doctor that performed the surgery. In order to find out if yours is a good case, you will need to discuss it with a medical malpractice lawyer. Many of these types of attorneys have medical professional on staff or near by who can determine if the doctors error was due to a deviation from the accepted medical standard of care.
If it turns out that the doctor did indeed deviate from this standard, he or she may be held liable to pay for all the associated costs. See the link below for more information.
References:
Posted by Staff Writer on 24 Jan 2010
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