My wife had a ureteral stent put in, in the hospital, as an emergency procedure from a large kidney stone blocking the ureter. They went in and removed the stone and put a stent in to keep the ureter from closing due to swelling/inflammation. She was told to come back to their office in two days to have the stent removed.
When she went to their office, the doctor ripped the stent out of her, without anesthesia (local) and basically without any warning. According to her, he walked in the room, leaned over and yanked the string as hard as he could. Since she has had it removed, she is in more pain then when she had the kidney stone and can't function physically. It has been three full days since the stent was removed, and the pain has not subsided even slightly.
After numerous calls to the urologists office, he finally called back and apologized and said he shouldn't have removed the stent the way he did. Then he told to her to stay in bed for two to three more days and take vicodin every 4 hours for the pain and she "should" be fine. None of this seems like normal patient treatment to me.
Are there any legal options for us to get damages for her suffering?
Answer: (1)
While the treatment by the doctor was certainly not up to par, it is unlikely that a medical malpractice suit would be a valid option for you do to a lack of any significant injury. Damages are the basis for which a medical malpractice suit seeks compensation, and if they are not serious, the cost of filing and prosecuting the lawsuit would probably be more than the amount of money available through the suit.
Of course, you are encouraged to consult a medical malpractice lawyer to get legal advice regarding your options.
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Posted by Staff Writer on 21 Jan 2010