Medical malpractice lawsuit (possibility)?

Posted by 70sfamily | 7:53:00 PM


I had a C-section in 2006..... as a result scar tissues formed with endometriosis and there is a mass directly in the c-section scar with the incisional endometrioma..At first the mass was small and the dr.. said it was a lymph node until in June 2009 I was told that I may have incisional endometriosis... then it kept getting bigger and more painful and I went for consultations and i was advised that the surgery to remove it is too extensive for an OB/GYN to perform and that I will have to be out of work for 2 weeks for recovery (the procedure will require grafting and wide excision for removal). I'm in severe pain and have been for almost one year now (the mass exudes unbearable pain that I have to take prescription pain killers) I did not have endometriosis before the surgery and I have gotten more than one professional opinion saying that this is what the problem is. I will have to pay to have it removed out of pocket since the condition was "pre-existing" I was wondering if there is anything that I can pursue regarding the Doctor who performed the C-section? I am consulting an attorney but I was wondering what you guys think...

James
It's possible, but your ability to sue could have elapsed, depending on the statute of limitations in your state. Further, since incisional endometriosis is a known, however uncommon complication of C-section, it is doubtful that a court would find that the doctor failed to follow generally accepted standards of care.

mnwomen
You probably signed a consent form for the C-section and this was probably listed as a possible risk of the surgery. Also you would have to prove the doctor was negligent and caused this to happen. There is the problem of the statute of limitations. You knew the problem was there in 2006 and now want to sue. Sorry but for all I have mentioned above I do not see a malpractice lawsuit here.

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