In April of 2010, I had my right ovary and fallopian tube removed as well as endometrial growths on my left ovary and in the back of my uterus. In my post op visit, I was told that I had a severe case of endometriosis, that I still had growths (in other words, they were not all removed), and that my lupus would complicate my treatment. I was then recommended to take medications that are contraindicated to my condition and the medications I am currently on. Of course, I did not take those medications. I was then recommended to drink herbal teas. I was not even given pain medications.
Months later, I was still having problems. I bled so badly at one time that I was in need of a transfusion. The surgeon refused to see me because I still had a balance from my previous surgery (a mere $ 150 that I was paying on and even had a written payment agreement). It was an emergency situation, so I sought a second opinion from another surgeon. It turns out I needed a hysterectomy. In the post op report after the hysterectomy, the new surgeon told me that I had extensive nerve damage and needed reconstruction and that I was by far one of the worst cases he has ever seen. He also said that this did not happen overnight and that the first surgeon should have taken care of of it. He called her negligent and a few other colorful names and actually forwarded her the pictures from the surgery. I'm also having complications recovering from my surgery because of my lupus, a condition the previous surgeon knew I had.
Should I pursue legal action, or would I be wasting my time? I'm not lawsuit happy at all. I work in the medical profession, and I am well aware of what the consequences of malpractice suits are. However, I used up all of my vacation time during the first surgery, had to have a second surgery when it could have been taken care of the first time around and now have NO income for an entire month, and it also caused me a lot of unnecessary pain and suffering (visits to the ER, blood transfusions, lupus flare ups, missed wages, pain, etc).
Also, I did sign a consent the first time around that I wanted a hysterectomy if there were overwhelming endometrial growths present, which there were. When I awoke from the anesthesia, I found she had not honored my wishes. I asked her why, and she told me she felt I was "too young for a hysterectomy".
I sought my second opinion with a surgeon out of the area. I traveled two hours away because he was highly recommended.
Lord Snark
The first surgeon told you that there were still growths that needed to be removed and that your lupus would complicate treatment and recovery. Why do you seem surprised that this turned out to be the case?
This is a complicated case and your lupus makes it even more so. You need to speak with a malpractice attorney to see if this would be a legitimate case. Surgeons tend to talk big when they're in their office, but when it comes time to definitively say in court that another doctor was negligent you'll find it's not so clear cut. A specialist needs to review your records to determine if there was anything resembling malpractice here.
MasterOfUniverse
You could if you can get the second doctor to agree to testify. Without that, even with medical reports, there would be little chance of success in that the hospital has lawyers on staff specifically to win lawsuits and protect the hospital and doctors. Most doctors will not be willing to testify against another doctor, especially locally, due to the doctor relationship with other medical professionals in the area. I would file a complaint with the Medical Review Board though.
Orignal From: Should I pursue legal action against this surgeon?
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