Last spring I had cervical biopsy due to an abnormal pap smear, when the results came back I was informed that I had CIN2 cervical abnormalities and a surgery would need to be preformed, I was given no other treatment options. I had a cold knife canonization preformed in July, the results of that said that I had CIN1 abnormalities so I did not actually need surgery (CIN1 oftentimes goes away on its own). Since that surgery I have developed several problems, such as extremely painful and abnormal menstrual cycles, cervical cramping and pain and bleeding during and after intercourse. I am upset because I feel as though my body has been permanently damaged for no reason, my sex life and marriage is suffering because of it.
It is difficult to answer your question without a thorough review of the relevant medical records. Medical malpractice cases are some of the most complex forms of personal injury litigation and most states require a doctor to testify as an expert that there was a breach of the standard of care (aka negligence). I recommend you request a copy of all the relevant medical records including the pathology report and bring them to an experienced medical malpractice attorney for review.
Be aware there is a time limit in which you can bring a lawsuit for medical malpractice - in Illinois that time limit is generally two years.
I am sorry you feel you've been wronged. There is nothing worse than feeling as though a medical procedure was not needed or did more damage.
The only way to know if there is a viable medical negligence case is to talk to a lawyer, who will have your medical records reviewed by an expert. Only with an expert's affidavit that he/she believes the standard of care was deviated from can a med mal case even be filed. The other issue you may have is the level of damages, even if there was alleged malpractice.
Most of us will gladly talk to you for free and many of us will review medical records without charge or cost. The sad fact is med mal cases are very costly and tough to prove, so only the most meritorious cases are even taken by most lawyers.
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You may have a case. You should consult with a medical malpractice lawyer in your area. The question will be was there any medical justification for the surgery. If yes, there most likely would not be a case.
This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.
Doctors must tell their patients about the risks that come with the surgery they recommend. Doctors must also inform their patients know about reasonable alternatives to surgery when they are available. It sounds like your surgeon may not have given you all the information you needed to make an informed decision about your operation. You should consider speaking with a medical malpractice lawyer who can investigate these issues for you.
Sorry to hear about your situation. I agree with what the other lawyers have said. You should consider consulting with an attorney who then can review your records with a qualified gynecologist to determine whether your treating doctor acted negligently. Most lawyers will provide a consultation free of charge. Good luck with your case and your recovery.
Although the costs likely would far exceed a recovery, have a local malpractice lawyer order your records to investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
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