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.
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.
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 Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldstewart.com
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