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Went in for same-day tubal surgery ended up admitted. 6 months later still in a lot of pain. Is it Malpractice or Negligence ?

Salt Lake City, UT |

Was explained the procedure in and out on my feet with normal activities in a week. Then I come out and I'm being put into a room for them to watch me so they can make sure that I'm okay to go home. They had no details, just that there had been complications. The pain was uncontrollable and then I was admitted. The next day the Dr comes and explains vaguely that my adominal wall was too thick and the equipment couldn't get to where he needed it. I needed to be open more and then he still had problems getting to it. But I would be having anymore kids is the good news. I was released, even with the pain as bad as it was. That was 6 months ago. still tons of pain and unable to do normal daily things including kids& baby. was told I needed surgery and hopefully it will fix it.

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Attorney answers 3


May not be an actionable case, although your doctor should have been more forthcoming.
Consult with a lawyer anyway.
The best of the New Year to you.


Bad surgical results do not automatically mean that malpractice occurred. Some things just “happen” in a surgery that cannot be explained. However, you need to have your medical records reviewed by a malpractice attorney to see if there was negligence or just a known and acceptable post surgical complication.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


FIrst, understand that malpractice is just another way of saying professional negligence. Whether your difficult situation falls within that realm will depend on teh underlying facts of your case. Malpractice/Professional negligence is where a professional (e.g. Doctor) does something or fails to do something that a reasonably prudent professinal would have done given the same set of facts. I recommend that you have your medical records reviewed by a medical malpractice attorney in your area. Keep in mind that the time to file a case is limited.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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