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Is this considered a medical malpractice?

Madison, WI |

I had a laparoscopy surgery done to remove a right ovarian cyst around six months ago. After what I was told the "healing process" I was still in pain that led to hospital visits and then seeking of a new doctor. I was told after multiple test that it seems during the surgery the lining in my stomach was cut and is causes my organs to bulge outward. In other words it caused a hernia and a big painful hole in my stomach and I now have to undergo another surgery in hopes of repairing it. Not only is it really painful and messed up my bowels I will have to take more time off work for this procedure. Longer than the first surgery.

Very Frustrated.

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Attorney answers 5

Best Answer

It sounds like you may be confused about what happened, which is completely understandable. Based on what you've said, it sounds like you may have a herniation of the bursal sac, or a similar connective tissue causing the herniation of your organs through the opening. This type of injury can be caused by a completely competent doctor during a completely successful surgery, meaning that it was not necessarily caused by negligence. To have a malpractice claim, you would need to prove the negligence by showing that the medical professionals deviated from the standard of care.

I suggest speaking with a medical malpractice attorney and providing substantially more detail.

This answer is intended to be used for general purposes only; it does not create an attorney-client relationship.


A hernia is a complication of surgery that sometimes can't be avoided. In order to determine if you have a sound basis for a medical malpractice suit you would need to retain an attorney, the attorney would need to obtain medical records and have the records reviewed by an expert. That can be an expensive process, and since clients rarely can afford it, attorneys generally have to advance the cost. Therefore, medical malpractice attorneys tend to be very selective about what cases they accept. Generally the injury has to be very severe before a lawyer will accept the case. Consulations are generally free, so make some phone calls to medical malpractice lawyers in your area and see what they say.

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Speak with a medical malpractice attorney right away. S/he will find a physician to evaluate all of your records. Only then will you knmow if you have a malpractice case.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


Likely a risk incident to the procedure, but have a local malpractice lawyer investigate


Unfortunately, hernias are a recognized risk of abdominal surgery. While laparoscopic procedures have reduced the incidence of these injuries, they still happen. In fact, most such procedures include an informed consent that specifically list hernias. You should contact a medical malpractice lawyer in Madison and request your medical records. Improper surgical technique could be the cause of your problem.

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