On March 9th I had back surgery and the surgeon went through my stomach to do most of the surgery then through my back to put screws into the area he fixed through my stomach. Before surgery including the morning of surgery I told my surgeons NOT to use dissolvable sutures because I was advised by a surgeon prior to this that I was allergic to them. After I went to recovery my family and I were advised that they had to use dissolvable sutures, but they were "a different type and they would keep a close eye on things". When they removed the staples from my stomach and back on March 25th my incision poured a large amount of fluid out. They bandaged me up, said I would be alright, and sent me home. On April 1st I began hallucinating and had my mother take me to my primary care physician. She looked at my incision and informed my mother to take me directly to the hospital. I ended up being restrained for 5 days, have little to no memory of this period of time. I ended up having a second surgery on April 2nd so the "deep infection" could be cleaned out, leaving me with a HUGE gapping wound. I had a "wound vacuum" hooked up to my stomach and will have it for at least 3-4 wks longer.
No one here can tell you if you have a viable claim. From the facts you describe certain this is a claim that deserves investigation. In order to pursue any medical negligence case it is necessary to show a deviation from the standard of care--basically meaning the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
In most states, the question will be whether or not the treating physician's actions fell below the reasonable medical standard of care. To determine that, your state may require you to hire an independent medical professional to review your medical records and give an opinion on whether what happened to you was medical negligence, or an otherwise "acceptable known risk." You should consult with a qualified local medical malpractice attorney. Also be aware that every state has a statute of puts a deadline on the latest you can make a claim, so you should consult an attorney soon.
My answer to your question is not legal advice and does not create any attorney-client relationship. In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating. Always carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged. A low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount of money you recovery and put in your pocket.
you definitely want to talk to a member of the Az Trial Lawyers Assn who handles malpractice. It's early to tell but talk to them now. Do not discuss this on any social media. Do not indicate to any medical staff you think it's malpractice or ask them what they think--they will shy away, because they'll be worried about "being dragged in" to a lawsuit, and you won't get the treatment you need.
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