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My daughter had an ERCP performed and when the doctor retracted his instrument he pulled E-coli into her system causing sepsis

Providence, RI |

She spent a week in the icu a second in a regular room and a week out of school. The hospital paperwork says it was due to the ERCP. She's traumatized and fearful. Could this be considered malpractice. We were not told of this risk.

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Attorney answers 4


Infections typically are risks incident to surgical procedures, and the costs likely would exceed a recovery, but have a local malpractice lawyer order your records to investigate. Avvo has a great lawyer finder tool.


Since state laws on Medical Malpractice differ significantly and damages seem relatively small consult a medical malpractice attorney before planning the trip down to the caribean.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.


Assuming she is fine now, even if there was malpractice it probably would not be worth pursuing.

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It is unlikely that the damages are significant enough to warrant a medical malpractice claim even if there was negligence. But you should consult a local attorney.

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