Bile duct cut by error and send to another hospital to get it fix.

Asked over 1 year ago - Rockford, IL

My mom went for a gallbladder surgery and the doctor cut the bile duct by error he admit that to us and send him to another hospital to get it fix. When were at the other hospital they said he also cut a vein that goes to her liver. Now she has two drain and needs another surgery. She is not back to herself, the other day she started to cry when someone ask how she was doing.We start seen all the bills and my sister have to take time off from work to take care of her do you think we can sue the doctor for malpractice. She live in Illinois

Attorney answers (6)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You should immediately obtain all your mother's medical records and contact a medical negligence lawyer

    This clearly us an error and appears to fall below the standard of care and not be a contemplated risk of this surgery

    In Illinois, an expert must review the medical records and determine that the standard of care was not followed and this just let's the case get filed; it doesn't mean you win.

    See a lawyer ASAP. Most of us meet and const without obligation or fee and we are governed by a contingency fee

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Christian K. Lassen II

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    Contributor Level 20

    7

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    Answered . I’m sorry to hear about your mother. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need to consult with a medical malpractice attorney. I would suggest that you contact someone in the community where the possible claim may have resulted. Go to the "find a lawyer" tab.

  4. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Surgical cases are amongst the most difficult medical malpractice cases to prosecute because every human body is different, and nobody laid eyes on your insides but the surgeon who did the surgery. That gives him a powerful defense to negligence charges by saying "this is what I saw, and this is what I did based on it." There is also the case of the known risks of this type of surgery - the surgeon probably went through the laundry list of things that could go wrong and had your mother sign the paper by saying it was very unlikely any of these things will occur. Having said that, what you are describing certainly appears to fall below the standard of care, and I would recommend you get the medical records and see a medical malpractice attorney in Illinois who can have an expert review the records. Best of luck, and I wish your mom a speedy and complete recovery

    * Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to... more
  5. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Gather your mothers medical records and go see an experienced medical malpractice attorney as soon as possible.

  6. Stephen Patrick Rapp

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . These are exactly the type of facts that should lead you to consult with a medical malpractice attorney promptly. When you see a medical transfer, this should be an immediate red flag. Far too often "risk management" of the hospital may confuse the family or injured person. Know and protect your rights if injured.

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