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I recently had my a mini stroke and after somewhat of recovery I had my galbladder removed labroscopicly.

Fitzgerald, GA |

a liver biopsy was also done while removing the gallbladder. The next day after surgery I started bleeding from one of the puncture sites. The doctor on call said to put pressure dressing and call the surgeon. The pressure dressings didnt stop the bleeding, but direct pressure from my finger over the hole did, howver the nurses kept putting the dressing and refused direct pressure from my hand. After my skin turned a ghost white gray color and my by dropped to 80s over 60s a surgeon came in about 10-11 hours after I started bleeding and stitched me up. I was in a great deal of pain but could not have any pain med until my blood pressure came back up which took at least 9 units of whole blood and fresh frozen plazma, Is this a mistake that shouldnt have been made? Do I have a lawsuit here?

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Attorney answers 4


I'm glad that you are not injured from this situation, thus, there wouldn't be the damages needed to bring a med mal suit.

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Mr. Lassen's answer is basically correct but may not contain enough information to make any sense to you. Medical malpractice cases require proof of departure from standard medical practice causing an injury. Bleeding from a liver biopsy is a risk of the procedure which is probably printed right on the consent form you signed. The fact that it happened doesn't prove anything was done wrong. The delay in responding to your problem may have been a departure, but not enough of a departure to cause a serious injury. Yes, if they had continued to delay, you might have gotten in very serious trouble, but you didn't. Nine units of blood products is not a day at the beach, but it doesn't amount to a permanent injury either. Medical malpractice cases are so difficult, risky and expensive to prosecute that medical malpractice lawyers rarely accept cases without serious permanent injuries. Smaller cases are not cost-effective for them. The system is not a very good one, but that's the system we have.


In Georgia, it is a requirement before you can (or at the time you) file a lawsuit that you obtain and file a malpractice affidavit, which is a statement from another doctor who practices or teaches within the same medical specialty, that medical negligence occurred. Looking at your facts/case, another medical doctor must testify that what happened to you was below the standard of care and was not a normal risk/complication of the procedure about which you were not warned. As one or more of the other attorneys has already mentioned, some of the problems you have experienced may or may not be known and accepted risks, to which you consented. If they were not, and the actions were in the opinion of another qualified medical professional, you may have a case. That said, whether it is a case that an attorney is willing to accept and pursue may well depend on the amount of injury you suffered, as medical malpractice lawsuits can be very expensive and a law firm may have to be able to feel that the chances of securing a large Judgment or Settlement are high. If you continue to experience lingering problems, I would at least call and consult with a Georgia lawyer who routinely handles medical negligence claims.


Without injury there is no need to file a claim.

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