Malpractice claim

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In May 2005 I had a total hysterectomy w/ R ovary removed for endometriosis. In Dec 05 I had the L ovary removed because of complex cyst and adhesions that attached ovary to my bladder by same GYN surgeon. Starting having abdominal pain again last fall, progressively got worse and had another surgery by general surgeon 8 June 09 suspecting adhesion again. Doctor found a mass attached to my bladder that ended up ovary tissue confirmed though pathology. Surgeon said it was about half the size of a total ovary. Question is if the GYN committed malpractice by not removing the complete ovary? Also the GYN currently has his medical license suspended for alcohol abuse (3rd time) so would he even have malpractice insurance?

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Attorney answers (2)

 

Contributor Level 16
 
Answered July 17, 2009 05:23. If the first surgeon performed an incomplete surgery, it may be negligence. It would depend on what the standard of care is for surgeons performing that type of procedure. In other words, is it possible to do a reasonably careful job but still miss some tissue? Or would a careful doctor have gotten it all? You also have to prove that his negligence caused you harm, which can include medical bills, as well as physical injury. It can be hard to find an attorney to take a case that doesn't include significant or lasting injuries. This is because medical malpractice cases are expensive to pursue and the attorney usually pays the costs upfront (including high fees for medical experts). That said, you should consult an experienced medical malpractice attorney near you. Give them a detailed account of all the facts, and go from there. These initial consultations are generally free.
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Contributor Level 14
 
Answered July 17, 2009 06:19. I am not licensed in NJ, but your post indicates that you are very perceptive about issues in this matter. Generally it is very difficult to collect from an individual who has no insurance. In addition, you need to find out what the statute of limitations and repose (which is the drop dead time frame) for bringing a claim. For example, in Florida if 4 years has elapsed since the time of the alleged negligent act, no matter what you cannot bring a claim.

Call a local lawyer.

Betsey Herd
Tampa, Florida
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