Tort reform varies by state do you should seek a free consultation with a qualified lawyer in your area. A perforated bowel may well be a deviation from the applicable standard of care. More facts are needed. Seek a local attorney promptly.
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It certainly sounds like you have some serious potential legal issues. You should contact an attorney right away. Since the surgery was in September 2009 there is a strong probability that the statute of limitations will expire this September. Your attorney will need to order your medical records, talk to the medical providers who tried to correct the error and possibly hire an expert witness. All actions that take time so the sooner you hire an attorney the sooner they can start preparing your case.
Sorry to hear about your injury. Based on the information you provided, it is not possible to accurately determine whether the surgeon committed malpractice by perforating your bowel during surgery. It could be malpractice, but there are many unknown variables. For instance, if you had extensive adhesions or scar tissue in your bowel area (from prior surgeries, for example), this could increase the risk of perforation even if the surgeon was careful. Another important fact is the size and location of the perforation. If the perforation is large and farther away from where the doctor was supposed to be operating, this increases your chance of proving malpractice. On the other hand, if the perforation was very small and very near where the surgeon was supposed to be, this reduces your chance of success. The point is, the specific facts really do matter when determining whether a doctor committed malpractice.
Perforation during key hole surgery is an inherent risk of surgery, even in the absence of negligence. Prior to surgery, your surgeon should have obtained your informed consent. This means that your surgeon had a duty to advise you of the risks of surgery, including perforation, and to discuss with you the reasonable alternatives to surgery, including non-treatment. If the doctor failed to do this, this may strengthen your claim.
Medical malpractice claims are very complex and can be quite difficult to prove. You will need to hire expert surgeons to establish the standard of care and this surgeon's breach of that standard.
The law limits the amount of time you have to file a claim. Therefore, you should contact a personal injury attorney about this matter as soon as possible. Best of luck.
Note: this answer is not a substitute for legal representation. As with any legal matter, you should consider obtaining representation to protect your rights.
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