Is this considered a medical malpractice?

Asked 10 months ago - Madison, WI

I had a laparoscopy surgery done to remove a right ovarian cyst around six months ago. After what I was told the "healing process" I was still in pain that led to hospital visits and then seeking of a new doctor. I was told after multiple test that it seems during the surgery the lining in my stomach was cut and is causes my organs to bulge outward. In other words it caused a hernia and a big painful hole in my stomach and I now have to undergo another surgery in hopes of repairing it. Not only is it really painful and messed up my bowels I will have to take more time off work for this procedure. Longer than the first surgery.


Very Frustrated.

Attorney answers (5)

  1. Jacob W Pillsbury

    Contributor Level 11

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    Best Answer
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    Answered . It sounds like you may be confused about what happened, which is completely understandable. Based on what you've said, it sounds like you may have a herniation of the bursal sac, or a similar connective tissue causing the herniation of your organs through the opening. This type of injury can be caused by a completely competent doctor during a completely successful surgery, meaning that it was not necessarily caused by negligence. To have a malpractice claim, you would need to prove the negligence by showing that the medical professionals deviated from the standard of care.

    I suggest speaking with a medical malpractice attorney and providing substantially more detail.

    This answer is intended to be used for general purposes only; it does not create an attorney-client relationship.
  2. Joseph Jonathan Brophy

    Contributor Level 20

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    Answered . A hernia is a complication of surgery that sometimes can't be avoided. In order to determine if you have a sound basis for a medical malpractice suit you would need to retain an attorney, the attorney would need to obtain medical records and have the records reviewed by an expert. That can be an expensive process, and since clients rarely can afford it, attorneys generally have to advance the cost. Therefore, medical malpractice attorneys tend to be very selective about what cases they accept. Generally the injury has to be very severe before a lawyer will accept the case. Consulations are generally free, so make some phone calls to medical malpractice lawyers in your area and see what they say.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Likely a risk incident to the procedure, but have a local malpractice lawyer investigate

  4. John Langdon Vaught

    Contributor Level 4

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    Answered . Unfortunately, hernias are a recognized risk of abdominal surgery. While laparoscopic procedures have reduced the incidence of these injuries, they still happen. In fact, most such procedures include an informed consent that specifically list hernias. You should contact a medical malpractice lawyer in Madison and request your medical records. Improper surgical technique could be the cause of your problem.

  5. Samuel Cohen

    Contributor Level 20

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    Answered . Speak with a medical malpractice attorney right away. S/he will find a physician to evaluate all of your records. Only then will you knmow if you have a malpractice case.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more

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