I had a myomectomy an OBGYN surgery done to remove fibroids from my uterus back in late February of this year. They were causing debilitating symptoms including extremely heavy menstral cycles making it hard to work. My doctor ordered a basic ultrasound before the surgery and no other advanced imagining. As a result she missed a large fibriod that she could not see with the ultrasound or during the surgery. It wasn't until I noticed I wasn't healing or getting any better but worse that I made another appointment. A different doctor at the same clinic ordered more advanced screening or an SIS that can see all of the uterus, including fibriods hidden deep within the uterine cavity, and found a large fibroid that was missed during the myomectomy procedure and on the simple ultrasound prestop. The procedure itself took an unprecedented amount of time for this type of surgery, 7 hours total exposing me to longer duration on anesthesia, to which I had complications. Now I am facing an additional surgery to get the remaining fibroid out that is still causing debilitating symptoms. I haven't been able to work since the surgery or recover and go back to work since February because of this.
If you consult with multiple medical malpractice attorneys and none of them want to take your case, it likely means that you do not have a strong likelihood of prevailing and as such the attorneys do not feel that the case is worth the time and financial investments to pursue. Medical malpractice claims are very expensive and expert witness testimony is required. Take your medical records to a medical malpractice attorney for a consultation. Whether it is customary in the filed for the doctor to simply order a basic ultrasound will be key in determining whether the doctor was negligent.
This truly is an unfortunate situation for you, my sympathies.
From the title of your question. I'm assuming you've spoken with several attorneys/law firms already and non of them are willing to take your case. If so, make sure they are attorneys/firms that regularly do a lot of medical malpractice. If not, find one and speak with them.
Your situation raises a number of issues and I can see why some attorneys/firms might not be interested. Not all mistakes rise to the level of malpractice. Even when it is malpractice, the damages may not be great compared to the cost of pursuing. These are the concerns that experienced medical malpractice attorneys can walk you through.
Sorry for all of your medical problems.
First of all, you should consult with an attorney in your area who is knowledgeable about medical malpractice cases.
You will need pertinent medical records. Do not delay because there are varying Statutes of Limitations in all States..
You ask "If I can't find an attorney...." in that case, you can always report the incident to the Board of Medical Examiners in your State.
However, your description of events and incapacity might warrant an attorney reviewing and possibly pursuing your case.
My answering this question does not mean that I am your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. It is recommended that you speak to an attorney in detail regarding your case. I am licensed to practice law in several states including New York, Florida and Colorado. The laws of your jurisdiction may differ. Please remember that legal proceedings involve deadlines and statutory time limiting statutes.
You should definitely speak with an attorney that specializes in medical malpractice. Based on your facts, it sounds like you have been through a lot, but unfortunately, it does not sound like an easy case to prove. I wouldn't be surprised if most injury attorneys that also handle medical malpractice cases are not interested. These types of cases are very difficult to win. Unfortunately, doctors are people too and they sometimes make mistakes. Most of the time when this happens, it does not equal negligence. Get your full medical records and if anything can be found in them showing someone was negligent or misdiagnosed you, then there might be hope. Always get at least two different opinions from attorneys when dealing with this type of a case. I wish you the best with your recovery.
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