I had a hysterectomy in the spring, no complications. At my six week checkup, my GYN said that I was healed and could resume normal activities including sex. A week later, after my husband and I had sex, my intestines came out and I had to be rushed to the hospital for emergency surgery. I was hospitalized for 5 days and now have chronic pelvic pain. Dr's commented that this is an extremely rare event but nobody will say my hysterectomy surgeon made a mistake, even though the intestine that came out looked perfect, there was no blood when it happened and there was no scars on the intestine indicating that they had been sutured in. I saw one of the top attys in our city and they said there is no proof of dr error. I have researched this and the #1 reason for this happening is poor surgical technique, there are also other reasons like obesity and diabetes, but that doesnt apply to me...my question is how can one prove malpractice if no dr will incriminate another? Please help me.
Jayme M
If you have an attorney, that is the first step. They have a duty (if you haev retained them) to search for experts in the field to research the case and make their recommendations. Many attorneys use a CLNC (certified legal nurse consultant) to do the leg work and let them know if they have a case.
JS
i doubt that it is solely because they dont want to incriminate him...some doctors make their livings as those that incriminate others...this could be bad luck or you could be a lucky lady with a well endowed husband
mia
First of get a attorney in another city, because some attorney are either affiliated with the hospital of docters in your city some do some research before you give all your information to a attorney, also see if they specialize in malpractice and their success in cases that they have won. Hope this helps,good luck
Lin B
firstly, i am sorry to hear what you have gone through. if no one from the hospital (doctors or nurses) will state that something went wrong in your surgery, or that they believe your doc did something wrong, or forgot to do something, then its going to be a tough case. yes your attorney can find experts that say that he did do something that resulted in your having to have an emergency surgery, but you better believe that the hospital is going to have a TON of people to back them up (they have more to lose). also, the hospital will probably claim that they did nothing wrong, and that it was your gyn who should have told you that you needed more time to heal. and they may try to prove that you did something to yourself that impeded your proper healing.... but whatever you decide to do, good luck!
W W D
Had it happened earlier, you might have had a case. That it didn't happen in the first six weeks puts it solidly in the realm of bad luck, not bad technique.
I've been practicing medicine for over a quarter century. In that time I've learned that the supposed "conspiracy of silence" theory is backwards. It's easy to find some doctor to testify against another, and it's quite routine for plaintiffs to find an "expert witness" doctor to testify that some normal medical practice is malpractice. If you can't find anybody to testify, it's because there's nothing to be said.
We'd be a lot better off if there were no such thing as malpractice suits. If we took bad medical outcomes completely out of the realm of tort law and simply had a system of recompense for those with poor outcomes, society would be much better served, in part because the vast majority of bad outcomes aren't because of error.
Kyppa
Unfortunetly I don't think you'll be successful at a trial. Bad outcomes does not directly equal a bad doctor most of the time. Basically you'd have to get other doctors to say that either the advice or procedure was not reasonable in any sense of the word...that in itself is almost impossible to prove.
Hillary
If you keep looking for lawyers, you'll find a doctor to say it was malpractice. Keep looking for a doctor who will help you -- or a lawyer, because you totally have a case. Ouch.
Orignal From: Do I have a case for medical malpractice?
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