My daughter had an ERCP performed and when the doctor retracted his instrument he pulled E-coli into her system causing sepsis

Asked 6 months ago - Providence, RI

She spent a week in the icu a second in a regular room and a week out of school. The hospital paperwork says it was due to the ERCP. She's traumatized and fearful. Could this be considered malpractice. We were not told of this risk.

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

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    Answered . Infections typically are risks incident to surgical procedures, and the costs likely would exceed a recovery, but have a local malpractice lawyer order your records to investigate. Avvo has a great lawyer finder tool.

  2. Kevin P. Landry

    Contributor Level 14

    2

    Lawyers agree

    Answered . It is unlikely that the damages are significant enough to warrant a medical malpractice claim even if there was negligence. But you should consult a local attorney.

  3. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Since state laws on Medical Malpractice differ significantly and damages seem relatively small consult a medical malpractice attorney before planning the trip down to the caribean.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. David Ian Schoen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Assuming she is fine now, even if there was malpractice it probably would not be worth pursuing.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more

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