Can I sue my doctor if he accidentally cut my urethral tube during surgery to remove my left ovary?

Asked over 2 years ago - Des Moines, IA

I had an additional 5 weeks of recovery time due to the doctor's error and was in the hospital 4 days. I had to use 3 weeks of sick time and had two weeks with no pay. My husband had to stay home with me for 2 weeks, resulting in more lost income.

My doctor was very apologetic, but he said I was full of scar tissue and adhesions from a prior surgery, and that I was "a mess" inside, causing him to make the mistake.

One of my other doctors advised me that this should have never happened. I did sign a waiver prior to surgery. Do I have a case, or should I just forget about it, and chalk it up to bad luck?

Attorney answers (3)

  1. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

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    Answered . I am not licensed in your state and can provide you only with general advice. In order to prove that the injury to your urethra was negligent you will need to obtain the review of an independent urologist who would identify the negligent act. The kind of injury you sustained can occur with good care. I think you will see this identified in the consent form that you signed. Just because an injury appears in the consent form does not mean that there was no negligent. However, in a case like yours it will be difficult to prove that negligence occurred since your expert will have to rely on the documentation of the offending doctor. In addition if you have made a good recovery you will likely spend more than it will cost to prove your claim. Also remember that because you had a surgery to remove the ovary - you were going to have scar tissue related to that surgery.

    I wish you the best possible recovery. and for specific advice you should contact a local attorney.

  2. James H Cook

    Contributor Level 9

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    Lawyer agrees

    Answered . I assume you actually mean ureter. A urethral injury would be very rare. If this assumption is correct, the answer is "it depends.". Was the injury to the ureter detected during the original surgery and repaired right away? If so, it would be dificult to prove that this was negligent, as it is generally held that ureter injuries can happen even if the doctor does everything right.

  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Lawyer agrees

    Answered . You should certainly have your medical records reviewed by a malpractice attorney in your area, however, an increased recovery of 5 weeks is unlikely to justify a malpractice action.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave... more

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