I had hernia surgery and later it ripped open and I had to have a mesh put in and repaired again..it also ripped and I had to have a larger mesh put in.. Some where along the line my gallbladder was removed without my consent or knowledge and I was never informed that it was removed
Not necessarily. Much depends on what is in the medical records. If the records show the condition required removal of the gallbladder in order to make you healthy, prevent infection, or something like that, then, no, it's not malpractice. Most consent forms are broad enough to allow a doctor some leeway in cases like this, since most people would prefer they not be closed up, woken up, told they have to sign a form and undergo more surgery.
Besides, loss of a gallbladder is insignificant, so even if this did occur, the damages are negligible.
I suggest you obtain your medical records and contact an attorney to review them, just to make sure.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
It does sound like a medical battery case, however, in medical malpractice situations, a big concern is the permanence and severity of your resulting injuries. If you were not disabled by the mistake, then chances are you will have a difficult time securing representation. Medmal cases are handled on contingency basis, which means that attorneys perform their work and advance costs upfront, with the hope of eventually being able to recover out of the settlement proceeds. If we believe a case has a small chance of success, as a matter of business judgment, we will likely pass on that case.
This comment is intended for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by way of this communication.
A tiny handful of lawyers handle defective mesh cases, so google defective mesh lawyer.
"Informed Consent" is definitely an issue in many medical malpractice cases. However, you most likely signed a release that was broad enough to allow the surgeon to take the steps that he/she felt necessary (including removing your gallbladder) once the surgeon visualized what was going on inside your abdominal cavity. Rest assured, the surgeon did not remove your gallbladder unnecessarily. So, there will definitely be a legitimate defense (if you ever filed a lawsuit). Another thing to consider is the issue of damages -- even if there is negligence on the part of the surgeon (which does not seem to be the case here), you have to prove damages. People don't actually need their gallbladders and they are removed all the time.
It will depend entirely on your medical records. Based on the information you provided, it is possible that there was malpractice, but it is also possible that the doctor acted reasonably (perhaps it was removed as a medical necessity?). Regardless, if you are concerned, call an attorney and get a consultation.
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