Possibly. Although you likely provided informed consent for the procedure itself, recommendation of the procedure when it wasn't warranted may also constitute medical malpractice (ie. breach of the standard of care). I'd be happy to talk to you about this if you want to give me a call: 760-431-5290
This answer is intended to provide general information only. It does not create an attorney client relationship nor should it be construed as legal advice or an opinion on specific situations. Donald A. Green is only licensed to practice law in California and Oregon.
The issue is whether there was a breach of the standard of care, or a bad result from a known risk of the procedure.
You should order all your medical records and bills. Then, contact a local med mal lawyer from Avvo in your state who is willing to investigate your claim. Go in for an appointment and give the lawyer your records, and the lawyer will send them to an expert who will ascertain whether or not there was a breach of the standard of care.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
The information in your question is not a promising fact pattern for a medical malpractice case unless you were never informed of the risk of what happened. Even if you didn't know of the risk, it could be a tough case. You had two prior procedures that were unsuccessful and you were in enough distress from your condition to agree to drastic surgery. Before taking time and spending money ordering records- which I assume will be voluminous- talk to some medical malpractice lawyers in your area and get their reactions. Such consultations are generally free.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
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