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I had a hysterectomy and during the surgery my OB/GYN "nicked" my bladder. I've heard it's common.

Anniston, AL |

I wasn't informed about the possibility or risk of having other organs being injured from a hysterectomy until after the fact, from an attorney, not from the doctor before the surgery. Less than 2 weeks post surgery, was told I had a bladder infection and given antibiotics. The following weekend experience extreme leakage which never occurred to me a hole in my bladder. On-call RN said go to ER. No in depth exam, urine and xray. Ruled bladder infection and took more antibiotics. Saw my doctor asap and was told what happened during surgery which he performed. He spoke with urologist,surgeon, and attempted repair himself. 1 week after 2nd surgery, still leakage from bladder. Saw 2 urologists and may have to have another surgery. Should the gyno tried to repair a bladder? or let a urologist?

Attorney Answers 2


  1. There is a risk of injury to other organs in any surgery. Whether you were informed or not usually doesn't matter unless there is reasonable option not to have the surgery, or to have it in a way that has a lower risk. A hysterectomy usually is not undertaken without a good reason and most reasonable patients would accept the risk, so lack of informed consent is most likely not a winning theory of the case. The malpractice, if there is any, is usually not in the injury itself, but in failing to recognize the injury and repair it immediately. The longer the doc waits to repair an injury, the more serious the consequences, as a rule. All experienced medical malpractice lawyers have handled plenty of cases arising from intra-operative injuries, and have also turned many down. The details are very important. Take care of your treatment and then talk to some medical malpractice lawyers. They rarely charge for consultation. Somebody on this list is going to tell you to get your medical records. That's not my advice. If a lawyer thinks you have a likely case, the lawyer will get the records for you. Don't wait too long, though. There are statutes of limitations for these cases. You will have to check with a lawyer in your state what the time period is.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  2. Medical malpractice requires a breach of the standard of care. Sometimes the doctor can cut other organs, which may be a risk of the procedure.

    Bottom line is that a medical malpractice lawyer should be retained who can order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care, thus, search Avvo's "find a lawyer" for a lawyer in your state and make the call.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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